Singh

Singh v. Gonzales

Good Law
126 F. App'x 401
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 02-74323; Agency No. A79-271-321California352 words

Opinion

Lead Opinion

MEMORANDUM **

Harjinder Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals summarily affirming the immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (the “Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition in part, deny it in part, and remand for further proceedings consistent with this disposition.

We review the IJ’s factual findings for substantial evidence, and we must uphold the findings unless the evidence compels a contrary result. Singh v. Ashcroft, 351 F.3d 435, 442 (9th Cir.2003) (Convention); Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997) (asylum and withholding).

Substantial evidence supports the IJ’s conclusion that the police harassed Singh to alter Singh’s parents’ political conduct, not on account of Singh’s actual or imputed political opinion, or religion. See Sangha, 103 F.3d at 1490-91 . The IJ did not, however, adequately consider whether Singh was harassed on account of his membership in a particular social group — ie., his family. See Lin v. Ashcroft, 377 F.3d 1014,…

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