Feb 17 2011
SHOCKER! The most liberal appeals court in the land (9th Circuit-CA) says Hamas supporter CAN be deported
A Saudi-born Palestinian blocked from joining his family in the San Francisco Bay Area four years ago after being stopped at San Francisco International Airport with material on the Islamist group Hamas in his computer can be deported as a potential terrorist…..if only there was any country on earth that would have him.
CN — (H/T herr OYAL)– A Palestinian computer scientist whose laptop contained jihadist videos and propaganda is likely to engage in terrorist activity if allowed to stay in the United States, the 9th Circuit ruled. Tareq I.J. Abufayad had claimed he would be tortured if deported back to Palestine. (One can only hope. See Hamas torture video below)
Abufayad, a Saudi Arabian-born Palestinian, attempted to enter the U.S. from Egypt in 2007 after his resident father sponsored his immigrant visa. A Customs and Border Protection agent randomly approached Abufayad at the San Francisco International Airport and, after finding him “confrontational,” decided to inspect his laptop.
The agent found various “anti-American” materials on Abufayad’s computer, including “jihadist videos, audio clips, songs, pictures, rhetoric, training manuals and justifications of violence,” according to the agent’s report, quoted in Wednesday’s ruling. An investigation of Abufayad’s history found that he had ties to Hamas and that his cousin had carried out a Hamas-sponsored suicide attack in Gaza in 2001.
Abufayad admitted that the had lived with four Hamas members while attending Bir Zeit University in the West Bank, and that he had been approached more than once by Hamas recruiters. He denied that he was a member of Hamas or that he was sympathetic to jihadist philosophy, claiming that the materials were for a school project and he downloaded them merely out of curiosity about current events. (Sure, they are)
Officials eventually charged Abufayad as removable, arguing that there were reasonable grounds to believe that he was likely to engage in terrorist activities.
To back up its claims, the government offered the testimony of FBI Special Agent Robert Miranda, who argued that Abufayad was a prime candidate for Hamas recruitment. His university degree in computer science made him especially attractive to recruiters, Miranda said.
An immigration judge found that the jihadist materials found on Abufayad’s laptop, combined with Miranda’s testimony, provided enough evidence to suggest that he was likely to engage in terrorist activity if allowed to stay, and ordered his removal. Abufayad then applied for protection under the Convention Against Torture, arguing that he would be targeted for torture by Israel or the Palestinian Authority if the United States labeled him a terrorist.
In light of those claims, the immigration judge deferred the removability ruling. On appeal, the Board of Immigration Appeals affirmed the judge’s ruling that Abufayad was a potential terrorist, and rejected his torture claims.
The federal appeals panel in San Francisco on Wednesday agreed. Judge Ronald Gould wrote for the three-judge panel. “Agent Miranda found Abufayad’s connections with his hometown [Gaza] significant because the town is considered a Hamas stronghold. Abufayad would be a ‘known entity’ to Hamas because he had attended a mosque whose imam was a Hamas leader.
That Abufayad had two first cousins involved in Hamas’s military operations would indicate to Hamas that ‘his family is one to be trusted.‘ Agent Miranda also found Abufayad’s admission that he respected opinions of Hamas leaders to ‘speak[ ] volumes about his [political] leanings.'” Gould added that Abufayad had failed to show evidence that he was entitled to protection from torture.