Nirmal Singh is an Indian citizen and former resident of that nation’s Punjab state. Singh maintains that as a result of his political activities and affiliation, he was arrested and tortured on four occasions. According to Singh, after his fourth confrontation with authorities, a police officer told him: “If you want to save your life, leave India.” Singh claims that shortly thereafter, he took the officer’s advice and fled to Canada. Singh asserts that he arrived in Canada, using a false passport, on October 10, 2004. He says he stayed there for ten days before entering the United States without inspection on October 20, 2004. In the fall of 2005, Singh filed for asylum.
On January 18, 2006, Singh was issued a Notice to Appear. At his hearing before an Immigration Judge (“IJ”), Singh conceded his removability and sought asylum, withholding of removal, and protection under the Convention Against Torture.
The IJ rejected Singh’s request for asylum as untimely filed. Though he made no adverse credibility finding, the IJ found Singh’s testimony insufficient to establish his last date of entry into the United States “by clear and convincing evidence.” In so ruling, the IJ noted that Singh had provided no documentation corroborating his claim that he entered this country on October 20, 2004. Without an established date of entry, Singh could not prove that he filed his application “within 1 year after the date of [his] arrival in the United States.” 8 U.S.C. § 1158(a)(2)(B).
Singh appealed to the Board of Immigration Appeals (“BIA”), which likewise concluded that his application was time-barred because he had failed to establish his date of entry. Quoting the text of 8 U.S.C. § 1158(b)(1)(B)(ii), the BIA explained that such section “specifically provides that, in determining whether an asylum applicant has met his burden of proof, the trier of fact may require an applicant to ‘provide evidence that corroborates otherwise credible testimony.’ ” Ultimately, the BIA held that Singh’s failure to provide such evidence was fatal to his application.
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: Civil Procedure
|Circuit Court Judge(s)|
|Petitioner Lawyer(s)||Petitioner Law Firm(s)|
|Taranjeet Buttar||Buttar & Cantor LLP|
|Patrick Cantor||Buttar & Cantor LLP|
|Respondent Lawyer(s)||Respondent Law Firm(s)|
|Rebecca Ariel Hoffberg||United States Department of Justice|
|Ronald E. LeFevre||United States Department of Justice|
|William Charles Peachey||United States Department of Justice|
|M. Jocelyn Lopez Wright||United States Department of Justice|
|Mona Maria Yousif||United States Department of Justice|