BIA Amicus Brief Invitation: Duress Exception to Persecutor Bar (Due Sept. 7, 2016)

BIA, Aug. 8, 2016- "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues:

ISSUES PRESENTED:

1) Whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208(b)(2)(A)(i) and 241(b)(3)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158(b)(2)(A)(i), 1231(b)(3)(B)(i)? See Negusie v. Holder, 555 U.S. 511 (2009).

2) Assuming it is necessary to acknowledge a duress exception to the persecutor bar, what ought to be the standards (including relevant burden of proof) to determine if an application for asylum qualifies for such an exception?

NOTE: For purposes of this invitation, the briefs filed by the parties and other interested parties before the Court in Negusie v. Holder, 555 U.S. 511 (2009), will be considered by the Board and need not be resubmitted or repeated."