My good friend and esteemed retired colleague Judge Wayne Iskra of the Arlington Immigration Court used to apply a basic common sense rule: handing over your lunch bag with a couple of tacos (or a ham sandwich) or the equivalent would not be considered “material” support. I don’t remember him ever getting reversed on it; perhaps nobody wanted to appeal. I also used it with success during my time in Arlington.
Now, it seems like a BIA panel is thinking along the same lines in an unpublished opinion written by Appellate Immigration Judge John Guendelsberger for a panel that also included Chairman/Chief Appellate Immigration Judge David Neal and Appellate Immigration Judge Molly Kendall Clark.
Read the entire, relatively short, opinion here.
Seems that this is just the type of important issue on which the BIA should issue a precedent decision. I’m not sure that all BIA panels are handling this issue the same way.
Thanks to Professor Stephen Yale-Loehr at Cornell Law and Dan Kowalski over at LexisNexis for sending this my way.