Singh v. Sessions, No. 17-60320 (5th Cir. 2018)Annotate this Case
The Fifth Circuit granted a petition for review of the BIA's order affirming the IJ's decision denying petitioner's application for asylum and withholding of removal under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT). The court held that DHS failed to produce substantial evidence to show that petitioner, a 21 year old Sikh belonging to the Mann Party, was safely able to relocate within India to avoid further persecution and that it was reasonable for him to do so. Therefore, substantial evidence did not support the IJ's conclusion that DHS rebutted the regulatory presumption and thus the court remanded to the agency to exercise its discretion with regards to petitioner's asylum claim.