Singh

Singh v. Ashcroft

Good Law
103 F. App'x 180
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-71358California385 words

Opinion

Lead Opinion

MEMORANDUM **

Kulwinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review factual determinations for substantial evidence, Ernesto Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000), and legal determinations de novo, Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995). We grant the petition and remand.

Taking Singh’s testimony as true, as the IJ did, we find that the record compels the conclusion that Singh was persecuted on account of an imputed political opinion. See id. at 1509 . Singh testified that the police arrested, beat, threatened, and detained him for several days on four separate occasions because they suspected he had information about Sikh militants, despite the fact that he did not associate with the militants or support their means of achieving Sikh sovereignty. On two of these occasions, the police arrested Singh after they learned that the militants had *182 visited the automobile service station…

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