Singh

Balbir Singh (“Singh”) petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial, of his motion to reopen deportation proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1105a (1996). 1 Because the BIA erred when it relied upon newly-created evidentiary standards in dismissing Singh’s appeal, we grant the petition.

I.

Singh, a 38-year-old native and citizen of India, entered the United States without inspection on August 8, 1993. On January 14, 1994, Singh filed an application for asylum claiming persecution based on religion, membership .in a particular social group, and political opinion. Singh'asserted he is “a devout follower of the Sikh faith” and an active member of the Akali Dal political party. Singh’s- declarations described numerous instances of violence and persecution by Indian police authorities and “anti-Sikh antagonists.” The asylum officer denied the asylum application. An order to show cause issued on February 8, 1996, alleging that Singh was de-portable. Singh was ordered to appear before an immigration judge on June 19, 1996.

Singh did not appear at his asylum…