Choub

MEMORANDUM **

Samnang Choub petitions for review of a BIA order dismissing his claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). We agree with the BIA that Choub is ineligible for asylum and withholding of removal. However, we hold that Choub is entitled to deferral of removal under CAT.

By statute, aliens who engage in terrorist activity are ineligible for both asylum and withholding of removal. See 8 U.S.C. §§ 1158 (b)(2)(A)(v), 1231(b)(3)(B)(iv). An alien engages in terrorist activity by providing “material support” to a terrorist organization. See id. §§ 1182(a)(3)(B)(i)(I), (iv)(VI)(dd). Choub’s activities — supplying information to the Cambodian Freedom Fighters (CFF) about the Cambodian government’s plans to arrest CFF members and about the strength of the Cambodian military in certain areas — constitute material support. The CFF qualifies as a terrorist organization within the meaning of the Immigration and Nationality Act (INA) because the group has undertaken activities, including an armed assault on Phnom Penh, in an effort to overthrow the Cambodian government. The fact that Choub and the CFF claim to…