CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there exists “evidence indicating that the leader was instrumental in creating and sustaining . . . ties between the political movement and the armed group and was aware of the atrocities committed by the armed group.” Matter of A-H-, 23 I. & N. Dec. at 785. Appellant now challenges the permissibility of the Attorney General’s interpretation of the INA and formulation of the persecutor bar inquiry. ... We conclude that the Attorney General’s new test is not a permissible construction of the INA under step two of Chevron." - Haddam v. Holder, Dec. 4, 2013, unpublished.  [Hats way off to Malea Kiblan, Susan Akram, and many others!]