Pal Singh v. Eric H. Holder Jr.

MEMORANDUM

Pal 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 (“U”) 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 agency’s factual findings. Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010). We grant the petition for review and we remand.

Substantial evidence does not support the agency’s relocation finding because it is unclear if the agency placed the burden on the government to show relocation was reasonable, see id. at 935 , and because the agency failed to analyze whether the proposed relocation within India was reasonable as guided by the considerations listed in 8 C.F.R. §§ 1208.13 (b)(3) and 1208.16(b)(3), see id. at 936-37 (9th Cir. 2010) (remanding because “[t]he BIA failed to discuss the reasonableness factors set forth in [the regulations] or discuss how the government met its burden of showing that relocation was reasonable”). Accordingly, we remand Singh’s asylum and withholding of…