Matter of Dass

Dass (plaintiff) was a citizen of India who sought asylum and withholding of removal in the United States. Dass feared persecution because he was a member of a political party named Dal Khasa. Dass explained that Dal Khasa’s goal was to gain independence from India for the state of Punjab. Dass testified that Dal Khasa did not encourage violence, and party members did not engage in violent demonstrations. Dass’s involvement included giving speeches and seeking new members. Dass testified that he and 10 other members were once accused of encouraging violence and detained overnight by the police. However, Dass was released once the police determined that he had not committed any violations. Dass remained in India for over six months after this incident prior to leaving and did not experience any other issues. Dass also testified in very general terms regarding the persecution of members of Dal Khasa. However, Dass did not provide any supporting documentation regarding country conditions to support his claim. An immigration judge (IJ) denied Dass’s request for asylum, withholding of removal, and voluntary departure. Dass appealed the IJ’s ruling, also in general terms, asserting that the IJ had erred in denying his testimony because he was unable to provide government publications. On appeal, Dass stated that he was unable to secure supporting documentation due to his detention. However, Dass was represented by counsel as of October 1983, shortly after entering the United States unlawfully, and a hearing on the merits of his application was not held until a year later. In addition, the state department submitted evidence that Dal Khasa members were only punished for the commission of crimes in accordance with the policies of the criminal-justice system.