Singh

Singh v. Ashcroft

Good Law
75 F. App'x 675
United States Court of Appeals for the Ninth CircuitSeptember 18, 2003No. 02-73442; Agency No. A75-319-518California454 words

Opinion

Lead Opinion

MEMORANDUM **

Sukhjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation, and denying his motion to remand to apply for relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence. See Lai v. INS, 255 F.3d 998, 1001 (9th Cir.2001). We grant the petition and remand.

Taking Singh’s testimony as true, as the BIA did, we find that the record compels the conclusion that Singh was persecuted on account of an imputed political opinion. See Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir.1995). Singh testified that the police arrested, beat and detained him for several days on two occasions because of his aid to militants and to obtain the names and whereabouts of the militants and the whereabouts of Singh’s uncle, a Sikh political activist. The police again arrested, beat and detained Singh for several days on a third occasion for giving aid to the All India Sikh Student Federation (“AISSF”).

*677 Singh further testified that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.