LABAYETTE: Jasbir Singh from Chandigarh was granted political asylum by a San Francisco Immigration Judge Jasbir Singh came to Los Angeles airport on December 251991 and because he did not have proper immigration papers he was placed in exclusion proceedings and sent to San Pedro federal detention facility While in detention he was stricken with measles and kept in quarantine for some days.
A change of venue motion was submitted to the INS Court in Los “Angeles and he were transferred to Santa Rita Jail where he remained for five months and four days before becoming a free man.
His asylum trial was set for a court hearing on May 892. At the beginning of the trial his attorney made an oral motion requesting the Court to excuse it from hearing Jasbir Singh’s case. This motion was based upon the apprehension that the Court routinely denies Sikhs political asylum cases and it seems as these cases are prejudged and pre-decided The reaction of the Court was that it shall render its written reply to the Oral motion made asking the Court to excuse itself from hearing Jasbir Singh’s case and the trial was put over to May 21.1992.
Ironically on May 892 before Jasbir Singh’s cease was to be heard One Jaswinder Singh’s claim for asylum was denied by this very Court. The challenge to the Court to withdraw from Jasbir Singh’s Case was primarily what had happened to Jaswinder Singh.
On the same day at about 3:00 pm the Court by its own motion vacated its decision of denial of political asylum to Jaswinder Singh and assigned that case to be reopened and retried by another Judge. Such a unilateral action by the Count was unexpected by any imagination and was quite a surprise. To reverse one’s own decision and especially in a case where the life or the death of the claimant depends upon one stroke of the pen of the Judge not only is it credit worthy it shows a great sense of humanities by the Judge. Not only Jaswinder Singh felt relief but everyone else who heard what happened openly thanked the Judge for her great decision the case is now before another Judge.
Based upon the Courts own order to vacate its decision in the case of Jaswinder Singh the attorney for Jasbir Singh taking that decision as a great humanitarian action on the part of Judge requested of the Court on May 29, 92 that he would like to withdraw his Oral motion to disqualify the Judge made in open Court of May 8, 92 and that even though his client was fearful he was willing to have the Court hear the case unless the Judge decided otherwise to transfer the case to another Judge.
The Judge then decided that she would hear the case Jasbir Singh under oath explained who he was what he was doing in Punjab what role he had with the AISSF and through what difficulties ill treatment and torture he had gone. He was questioned by his own attorney the government attorney and the Judge. After two and a half hours of testimony the Court pronounced that it was willing to grant political asylum to Jasbir Singh.
The governments’ attorney was asked if he would appeal the Judge’s decision He said he would not appeal. Then the Judge granted political asylum to Jasbir Singh. What a happy ending Jasbir Singh was released from the INS custody and he now lives in Newark Ca.
Both these cases Jaswinder Singh and Jasbir Singh’s were represented by attorney Mohinder Singh 510-283-7382 for whom this was the 22nd victory representing Sikh freedom higher.
Article extracted from this publication >> June 19, 1992
