SAN JOSE: On June 7, 1991 Honorable Immigration Judge Brian Simpson San Francisco Calif reversed his decision of July 211989 where he had denied political asylum and withholding of deportation to India to Manjit Singh who claimed membership in All India Sikh Student Federation and persecution by the Punjab police.
Manjit Singh came to USA on April 24,1989 with invalid documents He claimed he was persecuted in India because of his political opinion and advocating creation of a Sikh homeland called Khalistan.
After nearly six hours of testimony the Judge denied him the relief being sought. An appeal to the Board of Immigration Appeals (BIA) was proffered.
On February 81990 the BIA remanded the matter back to the Judge because of various deficiencies present in the Judge’s decision and afford the Judge an Opportunity to render a proper decision. This appeal was the first one for a Sikh claiming persecution and being remanded to the Judge for reconsideration. The BIA went to state We are concerned about a number of the Immigration Judge’s factual determination as to that extent that may bear on the applicant’s credibility or otherwise. The Immigration Judge concluded that the applicant was an extremist who belonged to a terrorist organization. We consider however that there is no evidence properly in the record which alleges that the All India Sikh Student Federation is a faction which engages in the persecution of others. Although the Immigration Judge cited to several international publications in support of his view such action was improper as these documents had not been offered into evidence .Moreover the BHRHA advisory opinion far from labeling the applicant as extremist states it does not have independent information about him.
BIA member honorable Mary Maguire Dunne wrote the dissenting opinion where she said | While I fully agree with the majority’s decision regarding serious deficiencies of the Immigration Judge’s decision I find no useful purpose is served by remanding this matter. We are capable of reviewing the record as the Immigration Judge. His decision denying political asylum and withholding relief is not supported by the evidence properly before us and therefore it should be rejected in.an unqualified manner. Accordingly I would sustain the applicant’s appeal and grant him asylum.
The trial and the appeal to the BIA were handled by Mohinder Singh immigration based in Lafayette California. Recently he got another asylum case reversed on appeal from a Seattle Immigration Judge’s decision to deny the relief sought by Jaswinder Singh. Incidentally this was his 14th successful asylum case for Sikhs claiming persecution in India.
Article extracted from this publication >> June 28, 1991
