Amrik Singh v. Holder

MEMORANDUM

Amrik Singh petitions for review of an order of the Board of Immigration Appeals (“BIA”) reversing the Immigration Judge’s (“IJ”) grant of deferral of removal under the Convention Against Torture (“CAT”) and ordering Singh removed to India. Singh contends that the BIA erred in sustaining the government’s appeal and reversing the IJ’s grant of deferral of removal under the CAT, because Singh met his burden of proving that it was more likely than not that he would be tortured if returned to India.

This court has jurisdiction to review the BIA’s denial of Singh’s request for deferral of removal under the CAT. See Bromfield v. Mukasey, 543 F.3d 1071, 1074-76 (9th Cir.2008); Morales v. Gonzales, 478 F.3d 972, 980-81 (9th Cir.2007).

We review questions of law de novo, including the question of whether the BIA applied the correct legal standard to the IJ’s factual findings. See Morales, 478 F.3d at 983 ; Arteaga v. Mukasey, 511 F.3d 940, 944 (9th Cir.2007).

Here the BIA used the correct standard of review in reversing the IJ’s decision to grant deferral of removal under the CAT. Specifically, the BIA accepted the IJ’s findings of fact and conducted a de novo review of the…