Kartar Singh v. Eric Holder, Jr.

MEMORANDUM

Kartar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying 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 the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review and remand.

Because the BIA found Singh established past persecution, the government had the burden to establish by a preponderance of the evidence that Singh could avoid future persecution. See 8 C.F.R. §§ 1208.13 (b)(1)(h), 1208.16(b)(1)(h). In evaluating changed country conditions, the BIA relied largely on evidence relating

generally to Sikhs and to Akali Dal Mann members or supporters and also found that Singh was unlikely to be perceived as a hard-core militant based on driving a truck for Akali Dal Mann. However, the police repeatedly accused Singh of involvement with militants, during both of his detentions in the Punjab and Jammu and when the Punjab police visited…