Sami Khan v. Eric Holder, Jr.
766 F.3d 689
| 7th Cir. | 2014Background
- Khan seeks review of a BIA decision applying the terrorism bar to his admission to the United States.
- He joined MQM-A in 1992 as a teenager and later moved to MQM-H; both factions engaged in violence.
- Khan was targeted, kidnapped, tortured, and forced to flee Pakistan due to factional violence and government dynamics.
- He sought asylum and other relief, later marrying a U.S. citizen, which could enable adjustment of status.
- The IJ denied relief, the BIA affirmed, and Khan petitioned for review; he contends a knowledge-exception hearing was not properly preserved.
- The court ultimately denies the petitions for review, partly on exhaustion grounds and because the knowledge-exception issue was not preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion and bifurcated hearing requirement | Khan lacked a meaningful opportunity to prove lack of knowledge; bifurcated hearing requested. | Exhaustion required; no right to bifurcate hearing under the circumstances. | Exhaustion required; no reversible error for lack of bifurcation |
| Whether Khan provided material support to MQM-A/MQM-H | Participation was immaterial or limited to peaceful activities. | Recruiting, distributing flyers, and office duties constituted material support. | Khan provided material support to MQM-A and MQM-H |
| Deferral of removal under CAT | CAT deferral should be considered given potential torture scenarios. | Record shows no government-perpetrated torture; no CAT deferral required. | CAT deferral denied |
| Knowledge exception scope and timing | Knowledge exception not properly evaluated given Khan's timeline and context of violence. | Record supports conclusion that knowledge exception precluded relief. | Issue not resolved on review due to exhaustion; remand to BIA |
Key Cases Cited
- Hussain v. Mukasey, 518 F.3d 534 (7th Cir. 2008) (knowledge of organization’s violence may bear on knowledge exception)
- FH-T v. Holder, 723 F.3d 833 (7th Cir. 2013) (exhaustion and appellate review standards for motions to reconsider)
- FH-T v. Holder, 743 F.3d 1077 (7th Cir. 2014) (dissent on rehearing; general discussion of knowledge exception)
- Weiping Chen v. Holder, 744 F.3d 527 (7th Cir. 2014) (deferential review for agency factual findings)
- Ruiz-Cabrera v. Holder, 748 F.3d 754 (7th Cir. 2014) (standard of review for final orders of removal)
- Kucana v. Holder, 558 U.S. 233 (2010) (standard of review for motions to reconsider)
- Singh-Kaur v. Ashcroft, 385 F.3d 293 (3d Cir. 2004) (material support can be found in non-violent activity)
- Ay v. Holder, 743 F.3d 317 (2d Cir. 2014) (duress and related considerations for material support cases)