Sukhchain Singh v. Eric Holder, Jr.

MEMORANDUM

Sukhchain Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and review de novo the agency’s legal determinations, including claims of due process violations, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s determination that, even if credible, Singh failed to establish he suffered past persecution in India. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (discrimination and harassment due to religious beliefs did not compel finding of past persecution). Substantial evidence also supports the agency’s finding that Singh failed to establish a well-founded fear of persecution in India on account of his Sikh religion, where his Sikh parents, brother, and sister have continued to live in India without incident. See Hakeem v. INS, 273 F.3d 812,…