Singh

Singh v. Gonzales

Good Law
130 F. App'x 855
United States Court of Appeals for the Ninth CircuitApril 27, 2005Nos. 03-71539, 02-70843California1,336 words

Opinion

Lead Opinion

*857 MEMORANDUM **

Narinder Singh (“Singh”), a citizen of India and a Punjabi Sikh, challenges two Board of Immigration Appeals (“BIA”) decisions. One summarily dismissed his direct appeal from the IJ’s adverse ruling on his asylum claim, and denied his motion to remand for consideration of his claim under the Convention Against Torture (“CAT”); the other denied his motion to reconsider the BIA’s denial of his motion to reopen on the basis of ineffective assistance of counsel.

Singh testified that he was involved in Sikh separatist politics and was victimized by local police for his political beliefs before he left the country. He testified to several encounters with the police, including incarceration and torture. The IJ discounted Singh’s testimony on credibility grounds and changed country conditions, and denied his petition.

Singh’s former counsel filed a Notice of Appeal with a boilerplate statement of reasons for appeal and noted that a brief would be separately filed. That brief, due March 27, 1998, was filed late on April 14, 1998 and was not accepted by the BIA. While that appeal was pending, Singh also filed a motion to remand for consideration of his case under CAT,…

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