Jasbir Singh v. Eric Holder, Jr.

MEMORANDUM

Jasbir Singh and Kulwinder Kaur, husband and wife, petition for review of the Board of Immigration Appeals’ (BIA) decision denying their asylum applications and claims for withholding of removal. Singh is the lead petitioner and Kaur’s claim to a well founded fear of future persecution is dependent on his. The BIA found Singh neither suffered past persecution, nor established a well founded fear of future persecution, on account of a protected ground. We hold that the BIA’s conclusion is not supported by substantial evidence and grant the petition for review.

Eligibility for asylum requires a well founded fear of future persecution, which requires a showing of a nexus between the feared harm and a protected ground. See Fisher v. INS, 79 F.3d 955, 960 (9th Cm. 1996) (en banc). A well founded fear of future persecution is presumed on a showing of past persecution. Past persecution requires proof of (1) treatment rising to the level of persecution (2) on account of a protected ground (3) by the government or forces the government could not or would not control. See Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir.2010). The protected grounds are defined by statute…