The court of appeals denied a petition for review. The court held that the definition of “terrorist activity” under the Immigration and Nationality Act does not provide an exception for armed resistance against military targets that is permitted under the international law of armed conflict.

Anjam Parvez Khan was a citizen of India who was long involved in the Kashmiri independence movement. In particular, Khan worked with the Jammu Kashmir Liberation Front (JKLF), a group dedicated to the establishment of an independent Kashmir, although he never was officially a member of the group. According to Kahn, he was affiliated only with the political wing of the JKLF, which operated separately from the organization’s militant faction.