Achhar Singh v. Eric Holder, Jr.
550 F. App'x 487
9th Cir.2013Background
- Singh, a native and citizen of India, petitions for review of a BIA dismissal of his asylum, withholding, and CAT relief appeal.
- IJ denied relief on credibility and on alternate grounds: changed country conditions and the reasonableness of internal relocation.
- The BIA affirmed the IJ’s denial of relief on the same grounds.
- Record evidence shows only a small number of high-profile Sikhs implicated in militancy remain at risk in India, with some high-profile individuals returning to Punjab without incident.
- The IJ found Singh was a low-profile supporter of Akali Dal with minor local logistical support during elections, suggesting low ongoing risk for asylum and relocation.
- Singh contends that even if credible, the country-conditions and internal-relocation bases do not support denial; the court ultimately affirms on alternate grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are changed country conditions a basis to deny relief? | Singh argues ongoing risk due to Sikh status and militancy concerns. | Go contends country conditions and monitoring show reduced risk for low-profile individuals. | Yes; independent basis to deny relief. |
| Is internal relocation a reasonable option for Singh within India? | Singh asserts internal relocation is not reasonably feasible. | Go argues Singh can relocate given language skills and Sikh communities elsewhere. | Yes; relocation is reasonable. |
Key Cases Cited
- Go v. Holder, 640 F.3d 1047 (9th Cir. 2011) (addressed interpretation of country-conditions and relief grounds)
- Sowe v. Mukasey, 538 F.3d 1281 (9th Cir. 2008) (courts defer to IJ’s reasonable evaluation of country reports)
- Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004) (cannot rely solely on generalized conditions for asylum denial)