Rupinder Singh v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RUPINDER SINGH, No. 19-73107 Petitioner, Agency No. v. A075-302-200

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted July 6, 2022 Portland, Oregon

Filed August 30, 2022

Before: Paul J. Watford, Ryan D. Nelson, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge Lee SUMMARY *

Immigration

Granting Rupinder Singh’s petition for review of a decision of the Board of Immigration Appeals, and remanding, the panel held that the BIA erred in holding that an earlier adverse credibility finding barred Singh’s motion to reopen, and in concluding that Singh failed to show that the conditions for Sikhs in India had changed qualitatively since his last hearing.

Singh initially sought asylum claiming that he was persecuted in India on account of being a Sikh who supports the creation of Khalistan and the Akali Dal (Mann) Party. An immigration judge denied Singh’s claims after concluding that Singh’s testimony…