Singh

Singh v. Gonzales

Good Law
131 F. App'x 576
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-70280; Agency No. A79-579-044California333 words

Opinion

Lead Opinion

MEMORANDUM ***

Kulwant Singh, a native and citizen of India, petitions for review from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, and we may reverse if the evidence compels the conclusion that the asylum decision was *577 incorrect. See Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). We grant the petition for review and remand for further proceedings.

A review of the record compels the conclusion that Singh was persecuted oh account of his imputed political opinion. Singh was arrested and beaten by Indian police on three occasions, and the police did this to him because they believed he was a Sikh militant See Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir.1995). Accordingly, we grant the petition and remand to the BIA for reconsideration, consistent with this opinion, of his asylum and withholding of removal claims. See INS v. Ventura, 537 U.S. 12, 16-17 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

In addition, we…

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