Singh

Singh v. Ashcroft

Good Law
115 F. App'x 381
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 03-73111California946 words

Opinion

Lead Opinion

MEMORANDUM **

Kartar Singh, a native and citizen of India, petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA’s order affirmed an Immigration Judge’s (IJ) denial of Singh’s requests for asylum, withholding of removal, and Convention Against Torture relief. We grant the petition and remand for further proceedings.

DISCUSSION

In support of his applications for relief from removal, Singh testified he is a baptized Sikh from the Punjab who was persecuted for his involvement in the Akali Dal Mann political party. He described his *383 political activities and two incidents when he was arrested and tortured by police. He asserts his family’s home was raided and his father was warned that if Singh did not turn himself over to authorities, the police would kill Singh in a “fake encounter.”

The IJ determined Singh’s “testimony was for the most part consistent” but nonetheless “implausible” for several reasons. Our task is to “address each reason in turn” to determine whether “separately or in combination” such explanations are “specific and cogent” and “supported by substantial evidence.” Kaur v. Ashcroft, 379 F.3d 876, 885 (9th…

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