SANFRANCISCO: A Sikh torture victim who was jailed in Santa Rita for nine months after being denied political asylum in the United States, has been released after a federal judge in San Francisco ruled he may be eligible for asylum.

The ruling by U.S. District Judge Marilyn Hall Patel was hailed by a leading immigration attorney as a victory for refugees from political and other persecution in their home countries,

It could affect asylum cases of refugees from India, Latin America and elsewhere.

Patel’s strongly worded 21page ruling, which said immigration authorities “fundamentally misunderstand” court rulings on asylum, said Jagraj Singh’s request for asylum was improperly denied.

Singh, a 36-year-old Sikh farmer came to the United States last November, a year after he was handcuffed, beaten and shot by police seeking the identities of Sikh militants he was suspected of aiding.

Singh had been held at Santa Rita since his arrest. The Jobe & Melrod immigration law firm averted Singh’s deportation earlier this year by taking over his appeal.

Jobe said the board has been attempting to narrowly limit political asylum by “splitting hairs” about the intent of a January U.S. Supreme Court ruling.

The high court said an alien must show actual persecution or well-founded fear of persecution resulting from race, religion, nationality, political opinion or membership in a particular social group.

Singh, a supporter of Sikh independence but not a member of any political group, had aided Sikh separatists out of fear for the well-being of his wife and three children, he said. He said he also feared he was in danger from Indian police if he returned home.

Jobe said the immigration board had been denying asylum to torture victims on grounds not intended by the Supreme Court and Patel’s decision “severely limits the scope of (the high court’s decision) and offers a much more generous view of asylum law.”

Upon his release, Singh said, “It is important to let everyone know that there are many more Sikh torture victims like me who are still in jail both in India and in INS detention in the United States.”

Article extracted from this publication >> October 9, 1992