Singh

MEMORANDUM **

Sukhdev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and grant the petition and remand.

The IJ found that petitioner did not establish past persecution because he failed to show that his two arrests occurred on account of political opinion. We conclude that substantial evidence supports the IJ’s finding that the first arrest did not occur on account of political opinion. See id. However, substantial evidence does not support the IJ’s finding that his second arrest was not on account of political opinion. Police arrested petitioner because he had submitted an affidavit that documented police misconduct. Petitioner had also submitted 200 other affidavits documenting police abuse. Because petitioner’s activities constitute whistleblowing, the second arrest occurred on account of…