The Second Circuit has deferred the Board of Immigration Appeals' determination that there is no duress exception to the material support for terrorism bar.  The court further determined that petitioners subject to the bar who provided the support involuntarily have no protected liberty interest in the discretionary grant of the waiver of the bar that can be granted by the Secretary of Homeland Security.  "There is therefore no merit to Hernandez’s due process challenge to either the denial of her waiver application or to the waiver system in general."

The full text of Hernandez v. Sessions can be found here:

http://www.ca2.uscourts.gov/decisions/isysquery/ca1f0b3a-fd0b-4b57-8d7c-6e2b2e3dd3fe/3/doc/16-2323_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ca1f0b3a-fd0b-4b57-8d7c-6e2b2e3dd3fe/3/hilite/  

Comment