Singh v. Holder
**Terrorism bar; Khalistan Commando Force, material support; CAT changed circumstances**
Substantial evidence supports the BIA’s determination that Singh engaged in terrorist related activity by providing material support in the form of overnight accomodation and food to a terrorist group, the Khalistan Commando Force (“KCF”), during a one year period. Singh’s arguement that he did not “knowingly” provide material support to
terrorists because his cognitive ability was limited by his fifth grade education and the electric shock therapy that he underwent in 1981 to treat a head injury fails because he testified that he knew they were “militants” who “demand[ed] their rights with the help of arms.” Further, his uncle was forced to flee India because the police suspected he was hiding explosives for the KCF and that the KCF members Singh sheltered came to his house “secretly at night” because they were wanted by the police. In addition to being barred from asylum, State Department reports show that the widespread abuse of Sikhs by the Indian government that had been present in the 1990s ceased
to exist from 1996 to 2000 and that while the Indian government continued to arrest supporters of a Sikh state, arrests have been limited to prominent leaders of pro-Sikh groups. Singh testified that he was not a member of any such group, nor was he a prominent leader.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/30/07-74514.pdf
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