Singh

Singh v. Ashcroft

Good Law
113 F. App'x 837
United States Court of Appeals for the Ninth CircuitNovember 22, 2004No. 03-72772California613 words

Opinion

Lead Opinion

MEMORANDUM **

Barjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review in part, deny it in part, and remand for further proceedings.

Reviewing the BIA’s determination that Singh did not suffer past persecution for substantial evidence, see Lata v. INS, 204 F.3d 1241, 1244-45 (9th Cir.2000), we conclude that the record compels the opposite conclusion. “[W]e have consistently found persecution where, as here, the petitioner was physically harmed.... ” Duarte de Guinac v. INS, 179 F.3d 1156, 1161 (9th Cir.1999). Singh was assaulted and injured twice, once seriously, and required medical attention. He was also subjected to death threats. These incidents cumulatively constitute “a sufficient showing of persecution.” See Chand v. INS, 222 F.3d 1066, 1076 (9th Cir.2000). The BIA erred in relying on case law concerning threats that are unaccompanied by other violence. See Ruano…

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