Jaiswal
Jaiswal v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Sanjeev Jaiswal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) decision denying asylum and withholding of deportation. Because the transitional rules apply, we have jurisdiction under 8 U.S.C § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence factual determinations concerning a petitioner’s eligibility for asylum, and must uphold them unless the evidence compels a contrary result. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition.
Contrary to the BIA’s decision, Jaiswal’s credible testimony establishes that his persecution was at least in part on account of his political opinion. See Borja v. INS, 175 F.3d 732, 735 (9th Cir.1999) (en banc). Jaiswal, who is part Hindu and part Sikh, testified that immediately after he told his Sikh attackers that he would not cooperate with them because he did not believe in a separate Sikh state, he was beaten, stabbed and threatened with further harm, and money was extorted from him.