Tirath Singh v. Loretta E. Lynch

MEMORANDUM

1. The Board of Immigration Appeals (“BIA”) denied Tirath Singh’s claims for asylum and withholding of removal because it concluded that Singh’s mistreatment by the police was not motivated by imputed political opinion but was instead part of a legitimate investigation. See Dinu v. Ashcroft, 372 F.3d 1041, 1044 (9th Cir.2004). The BIA relied on Singh’s testimony that his cousin and friends were involved in Babbar Khalsa, an underground militant organization, and that the police questioned, detained, harassed, and beat Singh because they believed he had information on the militants’ activities. Even assuming that the BIA’s determination of no past persecution is contrary to the record, substantial evidence supports its alternative basis for denying asylum and withholding. The government submitted sufficient documentary evidence to rebut the presumption that Singh has an objectively reasonable fear of future persecution. That evidence supports the BIA’s finding that the treatment of Sikhs in Punjab has improved over the last two decades. The BIA specifically noted that former militants have returned to the region and been able to remain there peacefully. See Singh v.…