The Second Circuit has determined that even when an applicant is ineligible for asylum due to the material support for terrorism bar, the agency must analyze whether it would have otherwise granted the request, so that the applicant can proceed with requesting any available discretionary waivers of the terrorism bar from USCIS.

The full text of Sufiyan v. Bondi can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/7bf51ec7-61b5-4a34-b756-7bdaeb7cc713/4/doc/22-6392_complete_opn.pdf

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