CA9 on Political Opinion: Singh v. Holder

CA9 on Political Opinion: Singh v. Holder

"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after fleeing egregious physical abuse by the local police in his town of Jullandar in the state of Punjab. Although the BIA affirmed the immigration judge’s (IJ) decision to grant Singh relief under the Convention Against Torture (CAT), it held that an imputed political opinion was not a central reason for the police brutality against him and denied his applications for asylum and withholding of removal. Relying in part on our decision in Dinu v. Ashcroft, 372 F.3d 1041 (9th Cir. 2004), the BIA concluded that the Punjabi police had legitimate reasons for their arrest and detention of Singh. The government did not contest the IJ’s decision to grant Singh relief under CAT, and the BIA, accordingly, affirmed this portion of the IJ’s decision. We grant Singh’s petition and hold that the record compels the conclusion that Singh is eligible for asylum and entitled to withholding of removal." - Singh v. Holder, Aug. 26, 2014.  [Hats off to Pardeep S. Grewal!]