Singh v. Holder
March 31, 2010
**Changed country conditions, internal relocation, Sikhs re pol. op. v. religious persecution; CAT**
The BIA failed to engage in an individualized determination regarding Singh’s well-founded fear of returning to India in light of changed country conditions and the possibility of internal relocation. The BIA cited evidence which relate to the religious persecution of Sikhs, but do not inform whether Sikhs like Singh, who believe in an independent Sikh state, still face persecution on account of their political opinion. The United Kingdom’s India Country Report states that the Sikh militant movement is “no longer active in the Punjab,” a fact irrelevant to whether persons who were members in the now-dormant movement would face persecution were they to return. In fact, the Report indicates that they would face persecution, stating that persons who have a “local history of abuse at the hands of the police,” or are “militant[s],” still face persecution. There is also no affirmative evidence in the DOS report on human rights practices in India to show that country conditions relevant to Singh have changed. The BIA’s conclusory determination that internal resettlement was a viable option is not supported by an adequate individualized analysis. In addition, the BIA’s opinion is devoid of any discussion or analysis of Singh’s CAT claim.
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