Singh

MEMORANDUM **

Jatinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. INS v. Mias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition and remand.

Because the BIA did not make an explicit adverse credibility determination in this case, we accept Singh’s testimony as true. See Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000).

Substantial evidence does not support the BIA’s decision that Singh failed to establish eligibility for asylum on the merits. Because Singh was arrested twice, detained for significant periods of time, and beaten severely by police based on his association with Akali Dal Mann such that he was rendered unconscious and required hospitalization, he has demonstrated past persecution based on political…