Singh v. Attorney General of the United States

172 F. App'x 413
Procedural entryThis page is a short order in Singh v. Attorney General of the United States. Read the opinion of the Court — 164 F. App'x 239
Court of Appeals for the Third Circuit·Decided February 28, 2006·No. 04-4255·Unpublished

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Petitioner Lakhwinder Singh is a native and citizen of India and a member of the Sikh religion. He seeks review of an order of the Board of Immigration Appeals (“BIA”) denying him asylum, withholding of removal, and relief under the Convention Against Torture. We will deny the petition for review.

I.

Singh gave the following testimony before the Immigration Judge (“IJ”) in support of his'petition for relief.

Singh joined the Akali Dal (Mann) political party in 1998 because of its advocacy for the rights of Sikh people and related causes. His father is also a member of the party. As a member of the party, Singh was involved with the collection of money and in providing assistance for families whose family members were killed in the 1984 Sikh massacre.

Singh testified that he was arrested by Indian police in Punjab on three occasions. He was first arrested during a June 1999 rally against the government. Singh testified that, when the police arrived at a rally organized to protest the destruction of a temple, the police began “beating the people who were having the rally.” App. at 121. Singh himself was beaten and then arrested. He was detained at the police station for three days and beaten twice “with sticks and the butts of the gun and leather strap.” Id. at 122. Singh testified that the police berated him for speaking out against the government and for his support for an independent nation for Sikhs. After he was released without being charged, Singh went to the hospital and stayed for roughly three days.

Singh was again arrested in March 2000 in connection with his participation in a demonstration in front of a government office. After the demonstration, the police arrested Singh when he was attempting to pick up his scooter. Singh testified that the police removed his turban and pulled his hair. He was then held for two days in a police station with his hands tied behind his back. While Singh was detained, two *415 policemen beat him with a stick and the butt of a rifle while Singh was held upside down. Singh testified that the police told him to “stop the activities of the party.” Id. at 127.

Singh testified that he was arrested for a third time when the police raided his house at night. He testified that the police tied him and beat him. Singh was then held at the police station for two days. He testified that while at the station, the police kicked him and dragged him through the station by his hair. Singh’s father was able to secure Singh’s release through a “heavy” bribe and by promising that Singh would not take part in other political activities.

Following this last arrest, Singh went to live with relatives in another town. While he was gone, the police raided the homes of relatives looking for him. As a result, Singh’s father sent him out of the country in the summer of 2003. Singh has received reports from his father that the situation in Punjab remains hostile for members of the Akali Dal (Mann) party. Singh testified that he believes that if he returns to India he will be arrested and killed.

As the IJ noted, Singh gave the following testimony on cross-examination:

The respondent testified on cross that the Akali Dal Mann is not an extremist organization. The respondent testified that to the best of his knowledge this organization does not promote violence and has never at any time attacked police, the police officers or made any threat against the government. The respondent confirmed that the Akali Dal Mann operates peacefully and has not enticed any form of violence in India.
The respondent testified that he traveled from India by plane and he boarded the plane at the Delhi International Airport. The respondent claimed that he presented his own passport which was issued to him in 1996 to the immigration authorities at the Delhi airport. The respondent testified that the passport presented in his home country to depart India is in the possession of an agent. The agent took access of the passport when he arrived in Argentina. The respondent was asked how it was that he was able to leave India without any difficulties. The respondent testified that he was not suspected as being a terrorist, hence his ability to leave India without any encounters or any inquiries at the airport.
# ^
The respondent acknowledged that Akali Dal Mann is a legal party in India and Mr. Mann, the leader of Akali Dal Mann is actually a member of parliament.
The respondent was specifically asked about the nature of injuries, if any as a result of the alleged beatings on those three arrests. The respondent testified that as to the third arrest which allegedly [sic] in November, 2002 the lasting injuries that he sustained was that one of his elbows had a small scratch. As to the first arrest the respondent acknowledged on cross examination that he suffered no serious injury. He stated that he had severe pain on most or part of his body. As to the second arrest the respondent was asked whether he suffered any serious injury. The respondent testified that his entire body suffered pain.

App. at 62-63.

In addition to his own testimony, Singh offered at the hearing background materials on conditions in Punjab, a letter from his father corroborating his account of his arrests, a letter from the leader of the Akali Dal (Mann) party, and a document *416 purporting to be a certificate of a “Medical Officer” regarding Singh’s hospitalization following his first alleged assault.

II.

Singh testified that he came to this country because he was afraid of being further persecuted by the Indian police because of his membership in the Akali Dal (Mann) party. He insists that he fears such persecution if he returns to India. Both the IJ and the BIA declined to credit Singh on this score and concluded that he had “failed to meet his burden of proving that he is a refugee.” App. at 66. 1 We must uphold this conclusion unless “no reasonable fact finder could make that finding on the administrative record.” Dia v. Ashcroft, 353 F.3d 228, 249 (3d Cir.2003).

The primary problem that the IJ and the BIA had with Singh’s testimony was that it seemed “inconsistent with the recent background materials.” App. at 3. After a thorough review of the background materials submitted by both sides, the IJ concluded that, while Punjab Sikhs are occasional victims of violence at the hands of the police or rival factions within the Akali Dal (Mann) movement, it did not appear that “Akali Dal’s are systematically mistreated by the authorities because of their membership with the Akali Dal Mann or Akali Dal Badal.” App. at 70. The absence of such systematic persecution together with Singh’s inability to identify anything about his activities or beliefs that would make him of special interest to the authorities caused the IJ and the BIA to be unpersuaded by his testimony.

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Singh v. Attorney General of the United States, 172 F. App'x 413 (3d Cir. 2006).

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