Singh

We must decide whether an immigration judge properly required corroborating evidence from an otherwise credible witness in an asylum hearing.

I

A

Nirmal Singh is an Indian citizen and former resident of that nation’s Punjab state. Singh maintains that as a result of his political activities and affiliation, he was arrested and tortured on four occasions. According to Singh, after his fourth confrontation with authorities, a police officer told him: “If you want to save your life, leave India.” Singh claims that shortly thereafter, he took the officer’s advice and fled to Canada. Singh asserts that he arrived in Canada, using a false passport, on October 10, 2004. He says he stayed there for ten days before entering the United States without inspection on October 20, 2004. In the fall of 2005, Singh filed for asylum.

*985 B

On January 18, 2006, Singh was issued a Notice to Appear. At his hearing before an Immigration Judge (“IJ”), Singh conceded his removability and sought asylum, withholding of removal, and protection under the Convention Against Torture.

The IJ rejected Singh’s request for asylum as untimely filed. Though he made no adverse credibility finding, the IJ…

dissenting:

I respectfully dissent from the majority’s conclusion that the Board of Immigration Appeals (“BIA”) properly interpreted and applied the appropriate corroboration provision in this case.

Nirmal Singh came to this country by crossing the U.S.-Canadian border in a car, without inspection. So he has no airplane ticket stub or border crossing record to prove when he came. Still, it was Singh’s burden to prove, and by “clear and convincing evidence,” that he filed his asylum application within a year of his arrival. 8 U.S.C. § 1158 (a)(2)(B).

Singh testified to a date of arrival and gave some background facts concerning his departure from India which were consistent with that date. He also introduced a document confirming that he had not left India before late August or September 2004, thereby corroborating to some degree his arrival date but not with enough specificity to prove that the date he ostensibly filed his asylum application, October 13, 2005, was within a year after his arrival.

The IJ understandably developed a concern that without some further corroboration there was not “clear and convincing” evidence of Singh’s arrival date. But the IJ never expressed…