TaiLexi AI U.S. Case Law

Sukhraj Kaur v. Board of Immigration Appeals

Lakhwinder SINGH, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent

Sukhraj Kaur v. Bd. of Immigration Appeals, 413 F.3d 232 (2d Cir. 2005)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
June 22, 2005
Docket
No. 18-2974
Judges
Hon, Wesley, Hall, Trager
Citations
413 F.3d 232139 F. App'x 3412005 U.S. App. LEXIS 11955

Opinion

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is hereby DENIED.

Petitioner Lakhwinder Singh (“Singh”), a native and citizen of India, petitions this Court for review of an April 21, 2003 order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen. The BIA declined to reconsider its earlier order of October 21, 2002, affirming, without opinion, the decision of an Immigration Judge (“U”). The IJ rejected Singh’s application for asylum and withholding of removal under the Immigration and Nationality Act of 1952 (“INA”), see 8 U.S.C. §§ 1158 (a), 1231(b)(3), and denied him relief under Article 3 of the United Nations Convention Against Torture (“CAT”), adopted Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988), 1465 U.N.T.S. 85; 8 C.F.R.

*342 § 208.16. Furthermore, the IJ directed Singh’s removal from the United States.

Familiarity by the parties is assumed as to the facts, the procedural context, and the specification of appellate issues. In addition to challenging the BIA’s April 21, 2003 order, Singh contests the BIA’s October 21, 2002 order affirming the IJ’s denial of his application for asylum and withholding of removal. Because Singh did not timely appeal this decision, we lack jurisdiction to review it.

See 8 U.S.C. § 1252 (b)(1);

Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995);

Ke Zhen Zhao v. U.S. D.O.J., 265 F.3d 83, 89-90 (2d Cir.2001).

We review denials of motions to reopen for abuse of discretion, reversing only “where the Board’s decision provides no rational explanation, inexplicably departs' from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board has acted in an arbitrary or capricious manner.”

Zhao, 265 F.3d at 93 (citations omitted). We hold that the BIA did not abuse its discretion in denying petitioner’s motion where the supporting documents Singh provided do not indicate that similarly situated individuals were being harassed for religious or political activities, or do not describe acts against Sikhs in Singh’s native Punjab. The articles and affidavit Singh provided the BIA are simply not similar enough to Singh’s purported persecution for us to conclude that the BIA abused its discretion in declining to reopen the case.

Accordingly, for the reasons set forth above, the petition for review is hereby DENIED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 51 in all; the most informative distinct ones are shown.

Cited by 1,206 cases

View all citing references →
2005: 442006: 2562007: 1642008: 2302009: 1492010: 782011: 382012: 702013: 322014: 302015: 122016: 112017: 82018: 42019: 52020: 82021: 122022: 122023: 102024: 82025: 172026: 820052026peak 2006 · 256

Relies on it most ⓘ

  1. Kayann Darby v. Attorney General United States1 F.4th 151 (3d Cir. 2021)
  2. Chang Tong Zheng v. Board of Immigration Appeals154 F. App'x 265 (2d Cir. 2005)
  3. Sadiku v. Attorney General of the United States495 F. App'x 250 (3d Cir. 2012)
  4. Singh v. Gonzales151 F. App'x 26 (2d Cir. 2005)
  5. Chang Wei Yu v. Board of Immigration Appeals151 F. App'x 101 (2d Cir. 2005)
  6. Sun Xi Wu v. Holder327 F. App'x 280 (2d Cir. 2009)

Most recent

  1. Flores v. BlancheNo. 24-952 (2d Cir. Oct. 1, 2026)
  2. Paredes v. BlancheNo. 25-1036 (2d Cir. Aug. 26, 2026)
  3. Karim v. BlancheNo. 23-6065 (2d Cir. July 31, 2026)
  4. Guairacaja Yupanqui v. BlancheNo. 24-902 (2d Cir. July 7, 2026)
  5. Guaman v. BlancheNo. 23-7782 (2d Cir. July 1, 2026)
  6. Magassouba v. BondiNo. 23-7221 (2d Cir. Mar. 19, 2026)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Stone v. Immigration & Naturalization Serv., 514 U.S. 386 (1995) 1,585
Ke Zhen Zhao v. United States Dep't Of Justice, 265 F.3d 83 (2d Cir. 2001) 6

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list