Vijendra K. Singh v Holder
Opinion
Opinion
Background
1 Judge Susan P. Graber was drawn to replace Judge Cynthia Holcomb Hall, now deceased. Judge Graber has read the briefs, reviewed the record and listened to the tape of oral argument held on October 4, 2010. 2 Vijendra Singh is a native and citizen of Fiji who was admitted to the United
States in 1979 on a visitor visa. He became a lawful permanent resident in 1981.
He has been married to Babita Singh, who is also a U.S. resident, since 1985, and
they have five children, all of whom are U.S. citizens. In April 2007, the
Department of Homeland Security (DHS) Immigration and Customs Enforcement
(ICE) issued Singh a Notice to Appear (NTA), charging that he was removable
because he had been convicted of receiving stolen property in 2006 and petty theft
with priors in 2005. Singh was taken into ICE custody without bond on April 10,
2007, and has remained in continuous custody from that time until the present.
In September 2007, the immigration judge (IJ) concluded that Singh was
ineligible for cancellation of removal because he had committed an aggravated
felony within the meaning of 8 U.S.C. § 1101(a)(43)(G).2 Singh appealed to the