CA9 on Credibility, Internal Relocation: Singh v. Garland

Singh v. Garland (2-1)

"Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for asylum.1 He argues that the agency erred by misapplying Matter of R-K-K-, 26 I. & N. Dec 658 (BIA 2015), which permits immigration judges to consider strikingly similar affidavits submitted by asylum applicants in unrelated proceedings as a basis for an adverse credibility determination. Singh also challenges the agency’s alternative finding that he could reasonably relocate within India. We agree that the agency erred in both respects. As Matter of R-K-K- itself and decisions from other circuit courts have emphasized, an analysis of interproceeding similarities involves more than just comparing factually similar events. Matter of R-K-K- addresses similarities in the way events are described in the affidavits, such as the use of identical words or phrases, distinct language and grammar, or other cues that suggest the affidavit was plagiarized. The agency misapplied Matter of R-K-K- by relying solely on non-unique factual similarities between Singh and other unknown declarants from India to make an adverse credibility finding. The agency further erred in its relocation analysis by failing to hold the government to its burden of proof that Singh could safely engage in Mann Party activities in areas outside of Punjab. We grant the petition and remand to the BIA for further proceedings consistent with this opinion."

[Hats off to Alexandra Jacobs and Jay Terkiana!  The oral argument is here.]