Opinion
21-71027
11-18-2022
NOT FOR PUBLICATION
Argued and Submitted November 14, 2022 San Francisco, California
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A215-678-947
Before: S.R. THOMAS and BENNETT, Circuit Judges, and MOSKOWITZ, District Judge.
MEMORANDUM [*]
Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his asylum claim. We have jurisdiction under 8 U.S.C. § 1252(a)(1).
Subsequent to the filing of the BIA decision, we issued a precedential opinion in Singh v. Garland, 48 F.4th 1059, 1067-68 (9th Cir. 2022). The facts in that case are similar to the facts at issue here, although there are differences in the cases. Given this development, we vacate the BIA decision and remand the petition for the BIA's reconsideration in light of Singh on an open record. We do not opine as to the effect of Singh, nor do we prejudge the outcome of the BIA's reconsideration.
PETITION GRANTED. VACATED AND REMANDED
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The Honorable Barry Ted Moskowitz, United States District Judge for the Southern District of California, sitting by designation.