Texte intégral
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SATNAM SINGH,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-71027
Agency No. A215-678-947
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 14, 2022
San Francisco, California
Before: S.R. THOMAS and BENNETT, Circuit Judges, and MOSKOWITZ,**
District Judge.
FILED
NOV 18 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Barry Ted Moskowitz, United States District Judge for
the Southern District of California, sitting by designation.
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Satnam Singh, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) denial of his asylum claim. We have jurisdiction
under 8 U.S.C. § 1252(a)(1).
Subsequent to the filing of the BIA decision, we issued a precedential
opinion in Singh v. Garland, 48 F.4th 1059, 1067–68 (9th Cir. 2022). The facts in
that case are similar to the facts at issue here, although there are differences in the
cases. Given this development, we vacate the BIA decision and remand the
petition for the BIA’s reconsideration in light of Singh on an open record. We do
not opine as to the effect of Singh, nor do we prejudge the outcome of the BIA’s
reconsideration.
PETITION GRANTED. VACATED AND REMANDED
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