Published Decisions

Cheema v. Ashcroft, 383 F.3d 848 (9th Cir. 2004)
Background: Aliens petitioned for review of order of Board of Immigration Appeals (BIA) denying them asylum and withholding of deportation and holding them eligible for only deferral of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Holdings: The Court of Appeals, Noonan, Circuit Judge, held that:

(1) alien's sending money to aid Sikh widows and orphans, without more, did not constitute terrorist activity for purpose of bar to withholding of deportation;

(2) second alien's activities of raising money that reached Sikh resistance organizations in India and having phone conversations with Sikh terrorists constituted terrorist activity within bar;

(3) however, terrorist activity affecting India must have endangered U.S. security to support bar;

(4) sending donations did not disqualify first alien from asylum; and

(5) second alien's acts qualified as terrorist activity within meaning of Immigration and Nationality Act (INA) so as to bar full relief under CAT.