Terrorist activity (inadmissibility); CAT
1. Because Abufayad possessed a valid visa upon entry, for Abufayad to be found inadmissibleon this ground, the government had initially to provide “some
evidence” that it had “reasonable ground to believe” that Abufayad was “likely” to engage in terrorist activity after entry to the United States. This standard requires an assessment of probabilities, and not a certainty that Abufayad would engage in terrorist activity upon entry. Here, the government plainly presented “some evidence” of Abufayad’s future likelihood to engage in terrorism sufficient to meet its burden, including the large quantity of jihadist materials found on Abufayad’s computer, evidence of inconsistent statements by Abufayad when confronted with it, and the testimony of a terrorism expert stating that there were reasonable grounds to believe Abufayad would likely engage in terrorism given Abufayad’s background and connections with Hamas.
2. Substantial evidence in the record supports the BIA’s determination that Abufayad is not entitled to CAT protection. Even if the Israeli authorities believe Abufayad to be a Hamas supporter as a consequence of his immigration proceedings, the record does not compel a conclusion that he faces any significant risk of torture by the Israeli government. The State Department country reports for 2006 and 2007 indicate that Israel uses “moderate physical pressure” against detainees thought to possess information about imminent terrorist attacks. There is no evidence in the record suggesting that Abufayad would be thought to fit in this category, and the record does not indicate that Hamas sympathizers face a risk of cruel and inhuman treatment.
Ronald M. Gould, Sandra S. Ikuta, Circuit Judges, and James C. Mahan, District Judge
http://www.ca9.uscourts.gov/datastore/opinions/2011/02/16/09-70136.pdf
