Shankar Daroch v. Eric Holder, Jr.

MEMORANDUM

1. Shankar Singh Daroch, a native and citizen of India, petitions for review of the BIA’s dismissal of his appeal from an IJ’s decision denying his application for asylum. Daroch has been seeking asylum since December 1998. This is the second time his case has come before the Ninth Circuit — in 2004, this court reversed an IJ’s adverse credibility determination and remanded the case to the BIA. Daroch v. Ashcroft, 96 Fed.Appx. 541, 542 (9th Cir.2004). The BIA, in turn, remanded the case to an IJ, who denied Daroch’s application on two alternative grounds: first, that Daroch was not credible; and second, that Daroch could safely relocate elsewhere in India. The BIA upheld the IJ’s decision on the relocation issue alone.

2. As the BIA did, we decline to address the IJ’s credibility finding, and instead assume without deciding that Daroch’s testimony was credible. Nonetheless, substantial evidence supports the BIA’s conclusion that the government rebutted any presumption of a well-founded fear of persecution. See 8 C.F.R. § 1208.13 (b)(1). The government submitted a great deal of evidence concerning country conditions, including reports from the State Department and from…