Rajinder Singh v. Alberto R. Gonzales, Attorney General

Rajinder Singh petitions for review of the Board of Immigration Appeals’ (“BIA”) decision to deny his application for asylum and withholding of removal under 8 U.S.C. § 1231 (b)(3)(A), and Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, opened for signature Feb. 4, 1985, S. Treaty Doc. No. 100-20, at 20 (1988), 23 I.L.M. 1027, 1028 (1984) (“Convention Against Torture”). We grant the petition for review because we conclude that the Immigration Judge’s (“IJ”) credibility findings are not supported by substantial evidence. We remand for further proceedings to determine whether, accepting Mr. Singh’s testimony as credible, he is eligible for asylum or withholding of removal. We deny Mr. Singh’s petition for relief under the Convention Against Torture because substantial evidence supports the BIA’s dismissal of that claim.

I

Mr. Singh is a native and citizen of India, born on June 10, 1974 in Punjab, India. He is single, not politically active, and a nonbaptized Sikh. Mr. Singh entered the United States on or about November 18, 1997, using a false passport. On April 17, 1998, the Government issued a Notice to…