Mohinder Singh v. John Ashcroft

Mohinder Singh, a native and citizen of India, petitions for review of the denial of his application for asylum. The Immigration Judge (IJ) denied Singh’s application for asylum because she found that he was not credible. The Board of Immigration Appeals (BIA) summarily affirmed. Singh argues that substantial evidence does not support the IJ’s adverse credibility determination and that he established asylum eligibility based on past persecution. The record supports the IJ’s adverse credibility determination, and we affirm.

*1141 I

Singh is a Sikh from the Punjab state in India. He entered the United States unlawfully on September 25, 1995, and sought asylum after the Immigration and Naturalization Service charged him under section 241(a)(1)(B) of the Immigration and Nationality Act as an alien who had entered without inspection. 8 U.S.C. § 1251 (a)(1)(B) (1995).

Singh testified in support of his application and submitted documentary evidence. He claims that he actively supported a political organization called the “Shiromani Akali Dal” since 1978, and that he was arrested three times on account of his political opinion. The first arrest took place sometime in 1987; Singh was…

dissenting:

Asylum cases, by their very nature, are difficult to review. The claims relate to events in faraway places, often described by individuals who speak an unfamiliar language, and rarely, if ever, does the government present evidence. The asylum seeker’s testimony is often the sole basis for decision, and the hearing transcript, in turn, provides the sole basis for our review. 8 U.S.C. § 1252 (b)(4)(A). That record becomes all the more important where the BIA, pursuant to its “streamlining” procedures, provides no analysis for its decision.

Because an adequate record is so essential to meaningful review, we as an appellate body must insist on a record that is properly translated and transcribed. Because this record cannot even charitably be described as adequate, I believe the proper course would be to grant the petition for review and remand the transcript for clarification. Although Singh does not specifically argue translation on appeal, he presented the argument to the BIA and has therefore preserved the issue for our review. See Agyeman v. INS, 296 F.3d 871, 877 (9th Cir.2002).

I.

We are asked to review the IJ’s decision that Singh was not credible using only the…

367 F.3d 1139 Mohinder SINGH, Petitioner, v. John ASHCROFT, * Respondent. No. 02-72145. United States Court of Appeals, Ninth Circuit. May 13, 2004. Alan M. Kaufman (argued and briefed), Kaufman Law Office, San Francisco, CA, for the petitioner. Rene Rocque (argued) and Hillel R. Smith (briefed), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. Aju-fas-oso. Before RYMER, HAWKINS and BYBEE, Circuit Judges. RYMER, Circuit Judge: 1 Mohinder Singh, a native and citizen of India, petitions for review of the denial of his application for asylum. The Immigration Judge (IJ) denied Singh's application for asylum because she found that he was not credible. The Board of Immigration Appeals (BIA) summarily affirmed. Singh argues that substantial evidence does not support the IJ's adverse credibility determination and that he established asylum eligibility based on past persecution. The record supports the IJ's adverse credibility determination, and we affirm. 2 * Singh is a Sikh from the Punjab state in India. He entered the United States unlawfully on…