Hardev Singh v. Robert Moschorak, District Director, United States Immigration and Naturalization Service Immigration and Naturalization Service
Opinion
Opinion
Noonan, J.
Hardev Singh appeals a decision of the district court remanding his case to the Board of Immigration Appeals (the Board). We remand to the district court.
PROCEEDINGS
Singh entered the United States using an alias and was therefore excludable under 8 U.S.C. § 1182 (a)(6)(C). He did not contest his excludability but sought asylum under 8 U.S.C. § 1158 (a) and withholding of deportation under 8 U.S.C. § 1253 (h). At proceedings initiated by the Immigration and Naturalization Service (the Service) before Immigration Judge Thomas Fong, Singh testified as follows:
He was born in 1959 and was a resident of the Amristar district, Punjab, India. A Sikh, he had been since 1977 a member of the All India Sikh Student Federation (the Student Federation). His father was the treasurer of Akali Dal, a political party of Sikhs. According to Singh, the elected representatives who were members of this party were not permitted to take up their elected positions because as Sikhs they carried small swords from which, on religious grounds, they could not separate themselves.
On June 7, 1984 the Indian army engaged in conflict with Sikhs at the Sikhs’ Golden Temple in Amristar; many Sikhs were…