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Asylum, withholding, and CAT protection
Persecutor bar and forced military service.
Quick answer
Forced military service does not automatically establish or defeat the persecutor bar. The Ninth Circuit has held that there is no implied duress defense, but the adjudicator must still evaluate the person's individual responsibility for persecution. An attorney review examines your actual role, the evidence, prior statements, and which forms of protection may remain available.
Consider a case review if any of these situations apply.
You were forcibly recruited by a military, militia, guerrilla group, or security organization.
USCIS or an immigration judge has asked whether you assisted in persecution.
Your service history affects an asylum, withholding, NACARA, or CAT case.
Prior applications or interviews contain differing accounts of your service.
How the firm approaches the matter
Start with the record. Then choose the legal path.
These are general considerations, not a conclusion about any person's eligibility or likely outcome.
01
Review the person's actual role
A service record should identify dates, units, assignments, locations, and what the person actually did. Counsel can compare the record with testimony, interview notes, and country evidence to evaluate alleged involvement in persecution.
Recruitment, assignments, transfers, and departure from service
Guarding, communications, transport, detention, or other duties
What the person witnessed, knew, and personally did
Differences between earlier statements and the available records
02
Address the evidence and burden of proof
Once the evidence indicates that the persecutor bar may apply, the applicant must prove by a preponderance of the evidence that it does not. In Perez-Castillo v. Blanche, the Ninth Circuit found the evidence sufficient under both the circuit and BIA standards and left any conflict between their threshold interpretations unresolved.
03
Evaluate withholding and CAT separately
The bar can foreclose asylum, statutory withholding, NACARA relief, and CAT withholding. CAT deferral may remain available if its separate requirements are met. The appropriate assessment depends on the evidence, the relief requested, and the procedural stage.
04
Prepare for an interview, hearing, motion, or appeal
Bring the complete record and any pending deadline. The review can identify gaps in the service timeline, inconsistent statements, supporting documents, and issues requiring legal argument. The firm explains the proposed work and fee in a written engagement agreement before representation begins.
Prepare for a focused consultation
Bring the documents and timeline that reveal the whole case.
Do not delay an urgent consultation merely because a record is unavailable. Tell the office what exists and what is missing.
A detailed service timeline and available military or organizational records
Prior applications, declarations, interview notes, and hearing transcripts
USCIS or court notices, decisions, and current deadlines
Available witness information and country evidence concerning the relevant unit and period
An explanation of missing records or inconsistencies for attorney review
Questions people ask before calling
Direct answers, without assumptions about your case.
Does forced conscription automatically disqualify me?
No. Membership or compulsory service alone does not answer whether the persecutor bar applies. The person's conduct and individual responsibility require review.
Does duress provide an exception in the Ninth Circuit?
Perez-Castillo v. Blanche holds that the statute contains no implied duress defense. The court still requires a particularized evaluation of the person's responsibility.
How should I send my service records?
Call 424-421-5552 or email ask@askpjlaw.com to arrange an attorney review and obtain secure document-submission instructions. Do not send sensitive documents through unsecured email.
Official resources
Verify general process information at the source.
Government pages can explain general procedures, but they do not replace advice based on a complete record.
Choose the right consultation before sending sensitive information.
The firm's published consultation options explain the duration, fee, and subject matter. Request a callback without placing detailed case facts in a website URL or analytics.
