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Keywords

appealaffidavitasylumdeportationrespondent
appealaffidavitasylumdeportationrespondent

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Kaur v. Ashcroft

Facts

The alien entered the United States without inspection and applied for asylum after deportation proceedings were initiated against him. He claimed that he was subjected to religious persecution in India due to his involvement in two groups that promoted the Sikh faith. In his supporting affidavit, the alien admitted that he had aided 'freedom fighters' in his village, who were engaged in military activity against the Indian government. The IJ determined that the alien's adverse immigration conduct was overcome by his eight-year presence in the country, but the BIA disagreed, holding that the alien's conduct in providing food and shelter to the fighters constituted affording material support to terrorists.

The alien entered the United States without inspection and applied for asylum after deportation proceedings were initiated against him. He claimed that he was subjected to religious persecution in India due to his involvement in two groups that promoted the Sikh faith. In his supporting affidavit, the alien admitted that he had aided 'freedom fighters' in his village, who were engaged in military activity against the Indian government.

Issue

Whether providing food and setting up shelter for people engaged in terrorist activities constitutes affording 'material support' within the meaning of the Immigration and Nationality Act ('INA') 212(a)(3)(B)(iv)(VI).

Whether providing food and setting up shelter for people engaged in terrorist activities constitutes affording 'material support' within the meaning of the Immigration and Nationality Act ('INA') 212(a)(3)(B)(iv)(VI).

Rule

A person 'engages in terrorist activities' by providing 'any type of material support' to 'any individual the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity.'

A person 'engages in terrorist activities' by providing 'any type of material support' to 'any individual the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity.'

Analysis

The court found that the described actions of offering food and helping to arrange shelter for persons constituted 'material support,' as contemplated by section 212(a)(3)(B)(iii) of the Act. The respondent admitted that he had offered the described support to 'militants who were engaged in terrorist activities.' As these militants were members of groups designated as terrorist organizations, the court concluded that the respondent did in fact offer persons who had committed and were planning to commit terrorist activities, material support.

The court found that the described actions of offering food and helping to arrange shelter for persons constituted 'material support,' as contemplated by section 212(a)(3)(B)(iii) of the Act. The respondent admitted that he had offered the described support to 'militants who were engaged in terrorist activities.'

Conclusion

The court denied the petition for review, affirming the BIA's decision that the alien was ineligible for adjustment of status due to his provision of material support to terrorists.

The court denied the petition for review, affirming the BIA's decision that the alien was ineligible for adjustment of status due to his provision of material support to terrorists.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision that the alien was ineligible for adjustment of status based on his provision of material support to individuals engaged in terrorist activities.

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision that the alien was ineligible for adjustment of status based on his provision of material support to individuals engaged in terrorist activities.

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