Matter of R-

20 I & N Dec. 621 (1992)

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Matter of R-

Board of Immigration Appeals
20 I & N Dec. 621 (1992)

Facts

R- (plaintiff) was an Indian citizen and a Sikh from India’s Punjab region. In January 1991, members of a Sikh militant group known as the All India Sikh Student Federation (the federation) went to R-’s home seeking financial resources and for R- to join their group. R- refused to join, stating that although he was supportive of an independent Sikh state, he did not believe in accomplishing this objective through violence. Nevertheless, someone reported R-’s interaction with these militants, and he was arrested by the police on suspicion of being a militant. The police officers interrogated R- for information on the militants and beat him. After R-’s release without charge, the militants visited his home again and insisted that R- must join them, beat him, and threatened to kill him and a relative if he did not join them. The police and the militants continued to pursue R-. In June 1991, R- was again beaten by the police, apparently after another visit from the militant Sikhs. That same month, R- went into hiding, and he left India in September 1991. R- applied for asylum in America, claiming past persecution and fear of future persecution based on his religion and his political opinions. R- feared both the militant Sikhs and the police. R- indicated that the police in Punjab brought false charges and even killed people.

Rule of Law

Issue

Holding and Reasoning (Milhollan, J.)

Concurrence (Heilman, J.)

Concurrence/Dissent (Dunne, J.)

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