Nachter Singh v. Immigration and Naturalization Service

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nachter SINGH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Nos. 92-70754, 93-71036. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1993. * Submission Withdrawn Jan. 21, 1994. Resubmitted April 25, 1994. Decided Sept. 14, 1994. Before: POOLE, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We agree with petitioner's argument that the BIA's findings do not support its conclusion, that he lacks a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. 1101(a)(42). A reasonable fact-finder could not fail to find a well-founded fear, based on the facts apparently assumed arguendo in the BIA's analysis. Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993). The BIA reasoned as follows: 3 In his testimony, the respondent maintained that the police abused him because they wished to…