Hardip Singh v. Eric Holder, Jr.

MEMORANDUM

Hardip Singh, a native and citizen of India, petitions for review of an order by the Board of Immigration Appeals, which affirmed an Immigration Judge’s denial of Singh’s application for withholding of removal and relief under the Convention Against Torture. Singh challenges the BIA’s and the IJ’s conclusion that changed country conditions in India rendered him ineligible for relief. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) and review for substantial evidence. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). As the BIA’s holding here regarding country conditions is essentially identical to the IJ’s, ‘“we treat the IJ’s statement of reasons as the BIA’s and review the IJ’s decision.’ ” Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir.2008) (quoting Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996)). We deny the petition for review.

The IJ concluded that, assuming Singh’s testimony was credible, he had suffered past persecution in India on account of his political and religious beliefs, entitling him to a rebuttable presumption that he had reason to fear future persecution. 8 C.F.R. § 1208.16 (b)(1). The IJ then determined, however, that the…