Immigration Law-Denial of Asylum

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7^th Circuit Court of Appeals

Case Name: Kamaljit Singh v. Merrick Garland

Case No.: 23-1192

Officials: Easterbrook, Ripple, and Scudder, Circuit Judges.

Focus: Immigration Law-Denial of Asylum

The court examined the rejection of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) for petitioner Singh, an individual hailing from and holding citizenship in India. Singh asserted that he faced persecution in India based on his allegiance to a minority political party and expressed apprehension about returning due to ongoing threats. Both the immigration judge (“IJ”) and the Board of Immigration Appeals (“BIA”) denied Singh’s application, citing credibility concerns and identifying inconsistencies in his narrative. On appeal, the Seventh Circuit upheld the BIA’s decision, concluding that the adverse credibility finding was supported by substantial evidence. The court also concurred with the BIA’s assessment that the harm Singh experienced in India did not meet the threshold for past persecution required to establish eligibility for asylum or withholding of removal. Additionally, the court ruled that Singh had waived his claims regarding future persecution and CAT protection by not properly raising them before the BIA. Finally, the court found that Singh’s due process claims, including an assertion of ineffective assistance of counsel, had not been adequately presented before the BIA and, therefore, could not be reviewed on appeal. Consequently, Singh’s petition for review was denied.

Decided 01/02/24

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