Singh
Singh v. Ilchert
Opinion
Lead Opinion
Surinder Pal Singh, a native of Punjab, India, appeals the district court’s denial of his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254 and section 106(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1105a(b). Singh contends that the Board of Immigration Appeals (“BIA”) erred in denying his application for asylum and withholding of deportation. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We affirm in part, reverse in part and remand to the District Court for further proceedings.
FACTS
Surinder Pal Singh is a 27-year-old native of Punjab, India. Singh is a devout Sikh. Since the early 1980s, a part of the Sikh community in Punjab has been fighting to establish a Sikh state independent of India. Beginning in February 1988, Sikh separatists repeatedly demanded assistance in them campaign from the unwilling Singh family. They forced themselves into the Singh home, ate their food, and slept under their roof.
The Indian police learned of the apparent support of the Singh family for the separatists and arrested Singh on June 15, 1989. Despite Singh’s assurances that he did not support the separatists, the police interrogated and beat Singh…