Harbhajan Singh v. Eric H. Holder Jr.

MEMORANDUM

Harbhajan Singh petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the order of the Immigration Judge (“IJ”), which found Singh ineligible for asylum under the “serious nonpolitical crime” bar, 8 U.S.C. §§ 1158 (b)(2)(A)(iii) and 1231(b)(3)(B)(iii). Because the parties are familiar with the history of the case, we need not recount it here. We deny the petition.

I

We have jurisdiction to consider Singh’s argument that the IJ and BIA acted beyond the scope of their remand from this Court, even though Singh did not raise that argument before the agency. While 8 U.S.C. § 1252 (d)(1) required Singh to exhaust all administrative remedies available to him as of right, nothing in that provision removes our inherent power to enforce compliance with our lawful orders. United States v. Yacoubian, 24 F.3d 1, 5 (9th Cir.1994).

The IJ and the BIA did not act beyond the scope of our remand order. In our previous disposition, we determined that the record did not support the agency’s conclusion that Singh was ineligible for relief under the persecution-of-others bar, 8 U.S.C. §§ 1158 (b)(2)(A)(i), 1231(b)(3)(B)(i). Singh v. Gonzales, 136 Fed.Appx.…