Singh

Singh v. Gonzales

Good Law
224 F. App'x 596
United States Court of Appeals for the Ninth CircuitMarch 7, 2007No. 04-71135California854 words

Opinion

Lead Opinion

MEMORANDUM **

Parvinder Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA” or “Board”), which adopted and affirmed an Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of removal pursuant to the Immigration and Nationality Act (“INA”), and denying him protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We will grant the petition in part, deny it in part, and remand.

Because neither the IJ nor the BIA made an explicit adverse credibility determination in denying relief, we will assume the truthfulness of Singh’s testimony. See Recinos De Leon v. Gonzales, 400 F.3d 1185,1191 (9th Cir.2005).

Accepting the veracity of Singh’s testimony, we are compelled to conclude that Singh has demonstrated a connection between the Indian government’s persecutory actions and a political opinion imputed to him. See Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir.1997) (recognizing that an applicant can establish persecution on account of “political opinion” by showing that the persecutors acted on account of an imputed political opinion). Singh…

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