Singh v. Ashcroft

386 F.3d 1228 (2004)

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Singh v. Ashcroft

United States Court of Appeals for the Ninth Circuit
386 F.3d 1228 (2004)

  • Written by Haley Gintis, JD

Facts

In 1990, Dalip Singh (plaintiff), a citizen of India, came to the United States. While in the United States, Singh married Linda Olson, a US citizen. Following the marriage, Singh obtained lawful permanent resident status. Five years later, Singh was convicted of the crime of harassment. The government began removal proceedings against Singh on the ground that he was subject to removal for committing a domestic-violence crime. The immigration judge (IJ) held a hearing on the matter. After the hearing, the IJ ordered the removal, finding that by committing the crime of harassment, Singh also committed a crime of violence. The IJ based this conclusion on the ground that the crime of harassment encompasses an element of force. Singh appealed the decision to the Board of Immigration Appeals (BIA), arguing that the harassment offense did not have the element of physical force against another. The BIA affirmed the IJ. Singh then filed suit against Attorney General John Ashcroft (defendant) in the United States Court of Appeals for the Ninth Circuit and petitioned for the court’s review.

Rule of Law

Issue

Holding and Reasoning (Gould, J.)

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