Gurjinder Singh v. Eric Holder, Jr.

Good Law
543 F. App'x 646
United States Court of Appeals for the Ninth CircuitOctober 22, 201311-71048California215 words

Opinion

Opinion

MEMORANDUM

Gurjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we deny the petition for review.

The record does not compel the conclusion that Singh’s untimely asylum application is excused by changed circumstances. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir. 2007) (per curiam); cf. Vahora v. Holder, 641 F.3d 1038, 1047 (9th Cir.2011). Accordingly, Singh’s asylum claim fails.

Substantial evidence supports the agency’s finding that, even if Singh established past persecution, the government has rebutted the presumption of a clear probability of future persecution with evidence that he can reasonably relocate. See Melkonian v. Ashcroft, 320 F.3d 1061, 1070 (9th Cir.2003) (presumption is overcome where a preponderance of the evidence shows “that the applicant can reasonably relocate internally…

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