Tirath Singh v. Eric Holder, Jr.

Good Law
472 F. App'x 720
United States Court of Appeals for the Ninth CircuitApril 23, 201209-72055California233 words

Opinion

Opinion

MEMORANDUM

Raj 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 decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s finding that, even if petitioner credibly demonstrated past persecution on account of a statutorily protected ground, the government established by a preponderance of the evidence that petitioner could reasonably relocate within India, including the Punjab, to avoid harm. See 8 C.F.R. § 1208.13 (b)(l)(i)(B); see also Melkonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir.2003). Accordingly, Singh’s asylum claim fails. Id.

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

Finally, substantial evidence supports the BIA’s denial…

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