Singh v. Holder
2011 U.S. App. LEXIS 12232
| 9th Cir. | 2011Background
- Nirmal Singh, Indian citizen, seeks asylum in the United States based on political persecution in Punjab.
- Singh entered the United States allegedly on October 20, 2004; he arrived in Canada earlier and fled after persecution.
- Singh filed his asylum application in fall 2005 and the IJ found him in removal proceedings with untimely filing.
- The BIA applied the REAL ID Act corroboration provision § 1158(b)(1)(B)(ii) to Singh's date-of-entry proof, deeming him time-barred for asylum.
- Singh challenged whether corroboration is required for timely filing under § 1158(a)(2)(B); the court granted rehearing en banc to resolve the issue.
- The court ultimately held that § 1158(b)(1)(B)(ii) does not govern the one-year filing deadline and remanded for a determination without that corroboration standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA erred by importing §1158(b)(1)(B)(ii) into §1158(a)(2)(B) timeliness. | Singh argues credible testimony suffices to prove timely filing without corroboration. | BIA argues corroboration is required under §1158(b)(1)(B)(ii) for refugee status, and may be applied to timeliness. | BIA erred; corroboration provision does not apply to timeliness. |
| Whether REAL ID Act corroboration provisions apply to all asylum determinations or only refugee status. | The corroboration rules should apply uniformly to all asylum-related determinations. | Corroboration provisions are tied to refugee status, withholding, or other relief, not to timeliness. | Corroboration provisions apply to refugee status, not to the one-year filing deadline. |
| Whether the court has jurisdiction to review the legal question presented. | Real ID Act limits review but allows review of constitutional questions or legal questions. | 8 U.S.C. §1252(a)(2)(D) preserves review of legal questions; would permit this challenge. | Court has jurisdiction to review the legal question; petition granted. |
Key Cases Cited
- Hakeem v. INS, 273 F.3d 812 (9th Cir. 2001) (jurisdictional limits on asylum review)
- Ramadan v. Gonzales, 479 F.3d 646 (9th Cir. 2007) (REAL ID Act restores review of legal questions)
- Aden v. Holder, 589 F.3d 1040 (9th Cir. 2009) (REAL ID Act abrogated prior rule on corroboration for credibility)
- Kataria v. INS, 232 F.3d 1107 (9th Cir. 2000) (prior rule limiting corroboration for credibility)
- Ladha v. INS, 215 F.3d 889 (9th Cir. 2000) (corroboration standards for refugee status)
- Andia v. Ashcroft, 359 F.3d 1184 (9th Cir. 2004) (limited deference to BIA decisions; review scope)
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (REAL ID Act corroboration framework development)
- Robinson v. Shell Oil Co., 519 U.S. 337 (U.S. 1997) (statutory interpretation; plain language and context)
- Ransom v. FIA Card Servs., N.A., U.S. , 131 S. Ct. 716 (2011) (statutory interpretation and deference to text)