Davinder Singh v. Eric Holder, Jr.

MEMORANDUM

Davinder Singh petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his third motion to reopen. We deny the petition.

1.The BIA did not abuse its discretion by denying Singh’s motion to reopen based on changed country conditions relating to the treatment of Sikh activists. Although Singh may have presented evidence that torture by police of suspected Sikh militants is more' pervasive in India than it was at the time of his removal proceedings, he has not shown that these changed country conditions make him prima facie eligible for asylum because he has hot overcome the Immigration Judge’s (IJ) adverse credibility determination both the BIA and this court previously sustained. See Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.2008).

2. Nor did the BIA’s analysis of this issue violate Singh’s due process rights. First, “an alien attempting to establish that the Board violated his right to due process by failing to consider relevant evidence must overcome the presumption that it did review the evidence.” Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000). Singh has not overcome this presumption here. The BIA expressly…