Balwinder Kaur v. Eric H. Holder Jr.

MEMORANDUM

Balwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and remand for further proceedings.

Substantial evidence supports the agency’s determination that, even though Kaur established past persecution on account of an imputed political opinion, her presumption of a well-founded fear of future persecution was rebutted by evidence of changed country conditions in India. See 8 C.F.R. § 1208.13 (b)(l)(i)(A); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 999-1000 (9th Cir.2003) (noting that BIA has expertise to construe country reports and determine whether country conditions have changed sufficiently to rebut a presumption of future persecution). The agency rationally construed the evidence in the record and provided a sufficiently individualized analysis of Kaur’s…