Singh

Singh v. Gonzales

Good Law
127 F. App'x 983
United States Court of Appeals for the Ninth CircuitApril 20, 2005No. 03-73654; BIA No. A76-853-830California444 words

Opinion

Lead Opinion

*984 MEMORANDUM ***

Manjit Singh, 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, withholding of removal, and protection under the Convention Against Torture (CAT). 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 assumed that Singh testified credibly and concluded that Singh had failed to meet the burden of proof on his claims. In such instances, we accept the petitioner’s testimony as credible. See Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004). Singh suffered two incidents of arrest and beating by the Indian police in 1989 and 1991 when the police incorrectly assumed that Singh was supporting the pro-Khalistan militants. Thereafter, Singh lived without incident from the police for over six years. In December 1997, Singh was stopped by the police when he was transporting persons in his taxi to a proKhalistan political rally.…

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