SAN FRANCISCO: In a strongly worded opinion, U.S. District Court Judge Marilyn Hall Patel recently overturned the Board of Immigration Appeals (“BIA”), holding that the BIA “fundamentally misunderstands 9th Circuit law.” In a 21-page opinion, Judge Patel ruled that Jagraj Singh was improperly denied his request for asylum by the BIA.

Singh came to the United States in October 1991 after he was handcuffed, beaten with a Rifle and shot point-blank in the leg in 1990 by police inquiring about the identity of Sikh militants he was suspected of aiding. About a year and one-half later, Singh was again arrested, The police ripped his toe nails from his feet and tortured him to such a degree that he could not walk, (Singh’s story gained national attention when he was interviewed on CNN while being held in Santa Rita Jail.) Fearing that he would be killed by the police, Singh fled India in October of 1991, Upon arriving at San Francisco International Airport in November 1991, Singh was arrested by the INS. In February, an immigration judge denied Singh’s request for asylum, ruling that because of the recent U.S. Supreme Court decision in INS v. Elias-Zacarias, 112  s .Ct. 812 (1992) he was not entitled to political asylum,

Although the law firm of Jobe & Melrod did not represent Singh before the immigration judge, the firm agreed to handle the appeal. According to Robert Jobe, “From the first interview I conducted with Jagraj, it was 100% clear that he was a torture victim who was fleeing political persecution in India, The Refugee Act is intended to offer political asylum to torture victims B  like Jai taj. His situation Is similar Mp hundreds of other Sikhs like him who have fled the brutal treatment of the Indian government. I decided that we had to do whatever was necessary to try to Win his case,”

The San Francisco Law firm of Jobe & Melrod represents over 250 Sikhs who have applied for political asylum. According to Jobe, “Many of our other Sikh clients have received the same degree of torture as Jagraj. What made Jagraj’s case so compelling was that he was being held in jail here after he had fled torment and jail in India.” Over the past 2 years, Jobe & Melrod has successfully assisted SO Sikh refugees in winning asylum,

For the past 9 months, Singh has been held in INS detention: while his case was being appealed. He was released on bond on July 22 pending the outcome of the remand ordered by Judge Patel. Upon his release, Singh said, “I am happy that I any finally free after 9 months, It is important to let every once 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.”

According to Jobe, “Judge Patel’s order is a tremendous victory for refugees. Hopefully,  it will reverse, the ‘BIA? post, Zacarias attempt to narrowly  limit the availability of political  asylum to torture victims. Since Zacarias, the BIA has been splitting hairs” by denying” asylum {0 torture victims on grounds not intended by the Supreme Court  Judge Patel  decision severely limits the scope of Zacarias as it has recently been interpreted by the BIA and offers a much more generous view of asylum law.”

Article extracted from this publication >> Aug 7, 1992