Shearman & Sterling recently won asylum for a 39-year-old Iraqi Shiite. The man worked closely with American forces in Iraq through his participation in the neighborhood councils set up by coalition forces. This made him a target for both Sunni and Shiite extremists. After an assassination attempt and the kidnapping of his 10-year-old son, the man fled Iraq in fear for his life.

The man’s asylum case related to broad provisions in the USA PATRIOT Act and the REAL ID Act that pertained to 'material support' to ‘terrorist’ organizations because he paid a ransom to an unknown group in order to secure his son. His attorneys argued that their client deserved a waiver as he was under extreme duress. His case was then referred to the asylum headquarters in DC.

In January, the administration addressed the plight of those affected by the 'material support' bar. Through the authorization of the chairman of the Department of Homeland Security issued in April, US Citizenship and Immigration Services declared that those who, under duress, provided material support to designated terrorist organization were exempt from the "material support’ bar.

The asylum case brought forth by Shearman & Sterling was one of the first to be reviewed by the new material support committees because the man involved worked with US forces and his family remained in danger in Baghdad. The man was granted asylum on September 4, and Shearman & Sterling attorneys filed an expedited petition to reunite him with his wife and five children.

The Shearman & Sterling team included associates Marwa Elborai (New York-Capital Markets) and Nicola Espie (New York-Asset Management), specialists Rachelle Abrahami (New York-Capital Markets) and Sara Padua (New York-Pro Bono) and legal assistants James Diaz (New York-Litigation) and Annette Wong (New York-Litigation).