Tandon

Tandon v. Ashcroft

Good Law
120 F. App'x 181
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 03-71995; BIA No. A79-560-208California488 words

Opinion

Lead Opinion

MEMORANDUM **

Tarsem Tandon, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the denial by an Immigration Judge (IJ) of his requests for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s determination unless the evidence compels a contrary result. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

The BIA made “no determination with regard to the Immigration Judge’s credibility determination.” In such instances, we accept the petitioner’s testimony as true. See Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004). Tandon suffered two incidents of arrest and beating by the Indian police. In 1987, Tandon, a Hindu, was wrongly accused of supporting the Sikh militants after he was forced to shelter the militants in his home for one night. His home was set on fire by the local police and some of his household articles were burned. A week later, he was arrested and beaten by the police. Tandon provided few details about the beatings by the police, or details of any resulting injuries. After…

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