Singh

Singh v. Immigration & Naturalization Service

Good Law
23 F. App'x 690
United States Court of Appeals for the Ninth CircuitNovember 14, 2001No. 00-71586; INS No. A71-900-178California693 words

Opinion

Lead Opinion

MEMORANDUM **

Prem Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of Singh’s application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a), 1253(h). Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We grant the petition for review.

Where, as here, the BIA did not merely adopt the IJ’s decision but conducted an independent review, “our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998) (citation omitted). We review the BIA’s factual findings for substantial evidence. Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995).

The BIA did not disturb the IJ’s finding that Singh was credible and specifically disapproved of the physical mistreatment Singh allegedly received from the police. Because the issue before us does not involve questions of proof but “whether the *692 harm the respondent fears is on account of ‘political opinion’....…

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