Baljit Singh v. Eric H. Holder Jr.

MEMORANDUM

Baljit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of asylum, withholding of removal, and Convention Against Torture relief. The BIA affirmed the Immigration Judge (“IJ”), who found that Singh was not credible. Singh had failed to provide corroborating evidence, that he should reasonably have been able to obtain, of a complaint allegedly made to the Punjab State Human Rights Commission in India. Under the REAL ID Act, an IJ can require a nonciti-zen to provide evidence to corroborate testimony unless the noncitizen does not have the evidence and cannot reasonably obtain it. 8 U.S.C. § 1158 (b)(l)(B)(ii). We may not reverse an IJ’s determination that corroborating evidence is reasonably available unless the record compels a finding to the contrary. 8 U.S.C. § 1252 (b)(4).

Singh contends he could not get a copy of his Human Rights Commission complaint because he did not have the complaint number. The record shows, however, that the Commission’s website had a search page, where this information could be obtained. Neither Singh nor his counsel used this tool despite the IJ’s repeated suggestions to do so.…