Jarnail Singh v. Gonzales

BACKGROUND

Singh’s asylum application and testimony in support of his claims for relief from removal, taken together, stated the fol- lowing: Singh was an active supporter of the Akali Dal Mann party and the All India Sikh Student Federation. On four occasions, the Indian police persecuted him because of his advocacy for a Sikh homeland of Khalistan. After his final arrest, he went into hiding. His wife and father were harassed and arrested because, while in hiding and going “to different places,” Singh did not report to the police in accord with a condition of his last release from detention. In support of his applications for relief, Singh provided documentary evidence, including an affidavit from his father.

After Singh’s removal hearing, IJ Anna Ho issued a written decision in which she made an explicit adverse credibility determination, specifying four grounds:

1) Singh omitted two details concerning his first arrest that were recounted in his father’s supporting affidavit: a false 4150 SINGH v. GONZALES charge of spousal abuse and a promise he made when he was released that he would not associate with Sikh separatists.

2) There were discrepancies between…