Singh

Singh v. Gonzales

Good Law
160 F. App'x 631
United States Court of Appeals for the Ninth CircuitDecember 23, 2005No. 04-71321California311 words

Opinion

Lead Opinion

MEMORANDUM **

Jaspreet Singh (“Jaspreet”) petitions for review of the Board of Immigration Appeals’ (“BIA’s”) decision affirming an immigration judge’s (“IJ’s”) denial of his application for asylum and withholding, despite the BIA’s reversal of the IJ’s adverse credibility finding. We grant the petition for review and remand.

Because the BIA reversed the IJ’s adverse credibility finding, Jaspreet’s testimony must be accepted as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004). As a result, we need only determine “whether [the] facts [asserted by Jaspreet], and their reasonable inferences, satisfy the elements of the claim for relief. No further corroboration is required.” Ladha v. INS, 215 F.3d 889, 900 (9th Cir.2000).

Jaspreet’s testimony establishes the elements required for asylum. He testified that he was detained for fifteen days and sustained several brutal attacks by the police on account of imputed political beliefs. During his detention, the police wanted to know what Jaspreet did for his “cousin,” a member of a political organization seeking to establish the separate Sikh state of Khalistan. “[T]he police were certain that [Jaspreet] work[ed] for [his…

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