Immigration Law

CA5 on Asylum, Internal Relocation, Burden: Singh v. Sessions

Singh v. Sessions - "Petitioner Karmjot Singh (“Singh”), a 21 year old native of India and a practicing Sikh belonging to the Mann Party, seeks review of the order of the Board of Immigration Appeals (the “BIA”) affirming the decision of an Immigration Judge (“IJ”) denying his application for asylum and withholding of removal under both the Immigration and Nationality Act (“INA”) and the Convention Against Torture (“CAT”) and ordering him removed to India.1 The BIA affirmed the IJ’s denial of asylum because it agreed with the IJ that the Department of Homeland Security (“DHS“) carried its burden of establishing both that Singh was safely able to relocate within India to avoid further persecution and that it was reasonable for him to do so. Because we find that the DHS did not produce substantial evidence to make this showing and consequently did not meet its burden, we GRANT the petition for review and REMAND to the agency to exercise its discretion with regards to Singh’s asylum claim."

[Hats off to Nathan Elmore!]