Parmdip Singh v. John Ashcroft, Attorney General

398 F.3d 396, 2005 U.S. App. LEXIS 1968, 2005 WL 291515
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 8, 2005
Docket03-3546
StatusPublished
Cited by263 cases

This text of 398 F.3d 396 (Parmdip Singh v. John Ashcroft, Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parmdip Singh v. John Ashcroft, Attorney General, 398 F.3d 396, 2005 U.S. App. LEXIS 1968, 2005 WL 291515 (6th Cir. 2005).

Opinion

OPINION

MOORE, Circuit Judge.

Petitioner Parmdip Singh (“Singh”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision to deny Singh’s claims for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and for relief under the Convention Against Torture. Specifically, Singh asserts that the IJ erred in finding his testimony incredible and in refusing to permit an expert witness to testify. Although we DENY the petition for review of the BIA’s decision with respect to Singh’s INA-based claims for asylum and withholding of removal, the IJ’s failure to make a finding as to Singh’s credibility regarding his allegations of torture requires us to VACATE the judgment of the Board of Immigration Appeals with respect to Singh’s Convention Against Torture claim and REMAND for further proceedings.

I. BACKGROUND

Singh is a Sikh who formerly lived in Bhila, a village in the Punjab province of India. Singh’s father served as head (“sarpanch”) of Bhila for fifteen years and owned a sixty-five acre dairy farm and some smaller holdings in other cities. Singh claims that he was a nationally-known university, and later professional, wrestling champion.

In the mid-1980s, tensions developed in Punjab between the government and Sikh separatists who sought to establish the independent state of Khalistan. While it appeal's that Singh and his father may have supported the Khalistan independence movement generally, Singh’s testimony suggests that they were not members or willing supporters of the Khalistan Liberation Front (“KLF”), a Sikh separatist group that used violent methods in advancing its cause. According to Singh, the KLF had many supporters in Bhila, and the KLF would frequently come to his family’s home, demanding money, food, and shelter.

In 1984, approximately two weeks after Indira Ghandi was assassinated by Sikh extremists, the police arrested Singh, apparently believing that he was a KLF supporter. Singh claims that he was imprisoned for eighteen days, during which he was interrogated, stripped, and beaten. According to Singh, he was thrown to the ground on his stomach, police jumped on his back, and his hands were tied behind him and pulled up in the air. In addition, two men apparently grabbed Singh’s legs and pulled them apart, and another man beat his head, feet, and other parts of his body with a stick. Singh claims that he suffered from internal bleeding, blood in his urine, varicose veins, and blood clots in his legs as a result of these beatings. *399 During the last four days of Ms imprisonment, Singh allegedly was placed in a van and driven around Bhila so that he could point out two KLF leaders, Kaldeep Singh (“Keepa”) and Haripal Singh (“Pal Tan-dra”), to the police. Singh says that he was released after his father paid a bribe to the police and that he was told that he must continue reporting KLF activities to the police.

Singh claims that he was arrested for a second time in March 1985. According to Singh, the police came to his home in the early morning hours, took him from his bedroom, and drove him to the police station in handcuffs. The police commander interrogated him as to the whereabouts and activities of Keepa and the KLF. When Singh demed having knowledge of such matters, the police allegedly slapped and punched him. Singh also asserts that the police commander threatened to bind his legs together with a rope and tie him to a car.

Singh’s third arrest came in July 1985. Singh claims that police informants falsely accused him of raising money for the KLF. According to Singh, the police informants smuggled drugs for -the police, and he was arrested so that the police and their informants could cover up how they were obtaining their income. Singh claims he was beaten across his back with a large belt, which caused bleeding and bruising. After his father paid a bribe, Singh was released.

In October 1988, Singh was again arrested by the police and held for four days. Singh ■ claims the police accused him of supporting the KLF and conspiring to overthrow the government. During his imprisonment, Singh apparently was interrogated, his legs were pulled apart and tied down, and he was beaten with a wooden baton on his legs and back. Singh claims that, when he was released, the police threatened him that he would never walk again if he‘did not cooperate with them.

After being released from police custody, Singh sought employment as an electrician, having retired from wrestling apparently because of injuries to his legs. 1 Singh, however, was denied émployment, allegedly because the Senior Police Detective in Punjab informed the Electrical Board that Singh was a terrorist. Singh then spent the next four years working on his father’s land. During this time, Singh was required to report to the Senior Police Detective and inform him of any unusual activities occurring in Bhila.

According to Singh, his difficulties with the Punjabi police continued throughout the early 1990s. Singh claims that, in May 1991, following the assassination of a former prime minister’s son, he was taken into custody along with several other young men from Punjabi villages and was interrogated for six hours. During the 1992 elections, Singh’s home was searched by police looking for KLF materials and weapons. And in early 1993, Singh allegedly was summoned by the Senior Police Detective and ordered to cooperate in the police’s efforts against terrorists. According to Singh, he was threatened at gunpoint during his meeting with the Senior Police Detective and was told that if he did not cooperate, he would be killed'.' For the next' several months, Singh was forced to drive around Punjabi villages pointing out KLF members and supporters.

In June 1993, Keepa, one of the KLF’s leaders, was killed. According to Singh, he was not directly involved in Keepa’s *400 death, but he had informed the police that Keepa had left the Bhila area. Singh alleges that he became a KLF target because of his role as a police informant and that the KLF kidnapped his wife for several hours as a warning to Singh. The following month, the KLF allegedly came to Singh’s home and threatened to kill his family if Singh did not cooperate by bombing the Senior Police Detective. Singh told the KLF that he would place the bomb, but instead fled with his family to his wife’s village of Sangrar, approximately two hundred miles away. Singh remained in his wife’s village for one month, but then returned to Bhila, staying with his father and his cousins. Singh claims that he was able to avoid being killed because his father paid the KLF money and convinced them that Singh was feeding false information to the police. Singh also claims that his father moved him to Ludihana, another Punjabi town.

In May 1994, Pal Tandra, a KLF leader, was arrested and killed by police in Jalin-der, a village approximately thirty-five miles from Bhila. Singh claims that his family was then threatened by the KLF because the KLF blamed Singh for Pal Tandra’s death, and Singh’s father was told that Singh would be killed. Singh then sent his wife and children to live with his wife’s cousin in Ludihana.

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Bluebook (online)
398 F.3d 396, 2005 U.S. App. LEXIS 1968, 2005 WL 291515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parmdip-singh-v-john-ashcroft-attorney-general-ca6-2005.