Singh

MEMORANDUM

Gurpreet Singh, native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings. Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT because Singh failed to establish it is more likely than not he would be tortured if returned to India. See Wakkary v. Holder, 558 F.3d 1049, 1068 (9th Cir.2009).

Singh testified that at the age of 12 he witnessed police officers tie his mother to a tree and beat her. He also testified that after the police arrested his mother and father, he never heard from them again. Thus, the record does not support the BIA’s finding that Singh presented “no evidence” he was harmed by the Indian government. See Hernandez-Ortiz v. Gonzales, 496 F.3d 1042, 1045-46 (9th Cir.2007) (“injuries to a family must…