Singh

Singh v. Immigration & Naturalization Service

Good Law
81 F. App'x 649
United States Court of Appeals for the Ninth CircuitNovember 17, 2003No. 02-70802; Agency No. A74-322-980California756 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Lakhbir Singh, a native and citizen of India, seeks review of the Board of Immigration Appeals’ (“BIA”) summary decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. 1 Because the BIA entered its ruling after October 30, 1996, and because Singh’s case was pending before April 1, 1997, the transitional judicial review rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) apply. Pub.L. No. 104-208, Stat. 3546 (Sept. 30, 1996); Gui v. INS, 280 F.3d 1217, 1221 (9th Cir.2002). We have jurisdiction, therefore, pursuant to 8 U.S.C. § 1105a(a), as amended by the IIRIRA.

Singh testified that he left India to come to the United States because on two occasions Indian police arrested him, tied him up, hung him upside down, and severely beat him with a leather strap in an effort to discover whether he had provided food and shelter to Sikh militants. The IJ did not credit Singh’s testimony because she found it to be inconsistent with regard to his temple attendance after his first arrest and because she determined that the lack of detail in the corroborating…

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