Singh

Singh v. Gonzales

Good Law
241 F. App'x 428
United States Court of Appeals for the Ninth CircuitJuly 23, 2007No. 05-75036California644 words

Opinion

Lead Opinion

MEMORANDUM *

Jagjit Singh, an Indian national and adherent of the Sikh faith, petitions for review of a Board of Immigration Appeals (“BIA”) decision that denied asylum, withholding of removal and relief under the United Nations Convention Against Torture. We hold that the BIA’s ruling that Singh’s experiences did not rise to the level of. persecution was unsupported by substantial evidence, and that the BIA’s analysis of changed circumstances in India was insufficiently individualized. Accordingly, we grant Singh’s petition and remand so that the BIA may rule on Singh’s credibility and, if necessary, properly assess country conditions.

Singh’s testimony at his removal hearing, which we do not repeat here and must presume at this stage to be true, see Cordon-Garcia v. INS, 204 F.3d 985, 993 (9th Cir.2000), compels the conclusion that he was subjected to past persecution. In similar cases involving Sikhs in India, we have held that petitioners were persecuted when they, along with their relatives, were arrested, beaten and otherwise harassed by the police. See Rajinder Singh v. Gonzales, 439 F.3d 1100, 1104-05 (9th Cir.2006); Kat aria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000);…

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