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76 F. App'x 160

Singh v. Ashcroft

U.S. Courts of Appeals

Decided September 19, 2003

U.S. Courts of Appeals · decided 2003-09-19

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Ventura · Shabanali Ladha v. Immigration and Naturalization Service · Pankaj Karan Singh Kataria v. Immigration and Naturalization Service

Decided 2003-09-19

¶1MEMORANDUM…

¶2Jagdev Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals decision summarily affirming the immigration judge’s (“IJ”) determination that he was not eligible for asylum, withholding of removal, or relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence and will uphold the decision unless the evidence compels a contrary result. Hernandez-Montiel v. INS, 225 F.3d 1084, 1090-91 (9th Cir.2000). We grant the petition for review.

¶3It is uncontested that Singh’s testimony must be considered credible because the IJ did not make an explicit adverse credibility finding. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000).

¶4The record compels the conclusion that Singh was persecuted on account of his political opinion because his credible testimony established that he was arrested by Indian police and beaten over a four day period for his political activities. See id.Singh is therefore entitled to a presumption that he holds a well-founded fear of persecution. See Ladha v. INS, 215 F.3d 889, 897 (9th Cir.2000).

¶5Accordingly, we remand for further proceedings consistent with INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

¶6PETITION FOR REVIEW GRANTED; REMANDED.

¶7 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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