Gulzar Singh v. Alberto R. Gonzales, Attorney General

Petitioner Gulzar Singh seeks review of two orders issued by the Board of Im migration Appeals (“Board”). The first order was issued May 6, 2003, and it affirmed an Immigration Judge’s (“IJ”) denial of Singh’s motion to reopen removal proceedings and rescind a removal order which was entered against Singh in ab-sentia. The second Board order issued on December 8, 2003. This granted Singh’s motion for reconsideration of the first decision, but then again denied Singh’s request to reopen removal proceedings. We reverse and remand this matter to the Board, with further orders to remand this matter to the IJ and to allow Singh to reopen removal proceedings.

Mr. Singh is a native and citizen of India who entered the U.S. on May 8, 1997, pursuant to a non-immigrant visitor visa. Singh remained in the U.S. past the authorized period of time and filed an application for asylum with the former Immigration and Naturalization Service (“INS” or “Service”).

A few months later, on March 30, 1998, Singh wrote a letter to the asylum office in San Francisco withdrawing his asylum application. The letter stated, “I now wish to withdraw my Political Asylum claim. I believe that I should try to…