Singh

MEMORANDUM

Balwinder Singh petitions for review of the Board of Immigration Appeals’ (BIA) decision denying him asylum, withholding of removal, adjustment of status and Convention Against Torture (CAT) relief on the basis that he provided material support to the Khalistan Commando Force (KCF). We deny his petition.

1. The BIA did not err by denying Singh asylum and withholding of removal based on the material support bar. See 8 U.S.C. § 1182 (a)(3)(B)(iv)(VI). First, relying on Cheema v. Ashcroft, 383 F.3d 848 (9th Cir.2004), Singh argues that he is eligible for relief unless, in addition to showing terrorist activity, the government shows that there are “reasonable grounds to believe that [he] is a danger to the security of the United States.” Id. at 855 . This aspect of Cheema was overruled by subsequent amendment to the Immigration and Nationality Act (INA). See Bellout v. Ashcroft, 363 F.3d 975, 978 (9th Cir.2004). Under the current version of the INA, terrorist activity alone is a sufficient basis for denying relief. See id. at 979 (citing 8 U.S.C. § 1158 (b)(2)(A)(iv)-(v)).

Second, remand is not warranted because the immigration judge (IJ) stated that Singh “engaged in…