Singh-Kaur v. Ashcroft

Charangeet Singh-Kaur (plaintiff) was an Indian citizen and a Sikh. While in India, Singh-Kaur joined various militant Sikh organizations whose goals were to protect and share the Sikh faith and to fight for the Sikh community. Singh joined these groups after a Sikh sacred site was attacked by the Indian military. The groups to which Singh-Kaur belonged engaged in terrorism, such as bombings. However, Singh-Kaur reported that he only participated in nonviolent activities, such as demonstrations. When Singh-Kaur joined one of the groups, he underwent a ceremony in which he committed to be a faithful Sikh, which included making financial gifts to the community and providing food to the impoverished. Singh-Kaur also assisted with meetings of one of the groups by providing food and setting up tents for shelter. Singh-Kaur testified that these meetings were religious in nature. Singh-Kaur reported being on an official wanted list because the Indian government presumed that he opposed the government because he was a Sikh. Singh-Kaur initially sought asylum but later pursued adjustment of status in the United States (defendant). An immigration judge granted Singh-Kaur adjustment of status. The Immigration and Naturalization Service appealed, and the Board of Immigration Appeals (BIA) ordered Singh-Kaur deported on the basis that applicants who had committed terrorist activity were inadmissible. Under the Immigration and Nationality Act (the act), terrorist activity included offering material support to any person the applicant knew or reasonably should have known had engaged in or planned to engage in terrorist acts or to terrorist organizations directly. The BIA determined that Singh-Kaur’s provision of food and shelter to members of the militant groups constituted providing material support to persons engaged in terrorist activity. Singh-Kaur petitioned for review.