Singh

Singh v. Gonzales

Good Law
212 F. App'x 702
United States Court of Appeals for the Ninth CircuitDecember 15, 2006No. 05-74432California376 words

Opinion

Lead Opinion

MEMORANDUM **

Balour Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and for 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). We grant in part, and remand the petitioner’s asylum and withholding of removal claims. We deny petitioner’s CAT claim.

The IJ found that petitioner failed to establish asylum because he failed to show that any harm occurred on account of an enumerated ground. Petitioner was a member of the Akali Dal Mann party and was arrested after putting up a political poster. He was arrested again two months later as he walked off a stage after giving a political speech. Because police saw petitioner engage in the political activity prior to his arrest in both instances, and the police made statements to petitioner about his political activity during his detention and while they beat him, we find that he establishes a nexus to an enumerated ground. See…

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