Immigration Law

CA9: Matter of A-C-M- Entitled to Chevron Deference

Rayamajhi v. Whitaker

"If § 1182(a)(3)(B)(iv)(VI) is ambiguous as to whether it contains an exception for de minimis funds, the BIA’s interpretation merits Chevron deference even though it postdates the BIA’s decision on Petitioner’s claims. ... The BIA’s determination that no de minimis exception exists “is based on a permissible construction of the statute.” Chevron, 467 U.S. at 843. The BIA found “no legislative history to support taking a quantitative approach” to defining “material support.” In re A-C-M-, 27 I. & N. Dec. at 307. ... We hold that the INA’s material support bar contains no implied exception for de minimis aid in the form of funds. Petitioner admitted that, in 2009, he gave about $50 to someone whom he knew was a Maoist. Thus, substantial evidence supports the IJ’s finding, adopted by the BIA, that Petitioner gave material support to a terrorist organization, rendering him ineligible for asylum and withholding of removal."