Sandeep Singh v. Loretta E. Lynch

MEMORANDUM

Sandeep Singh, a native and citizen of India, seeks 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 the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we review for abuse of discretion the agency’s denial of humanitarian asylum, Belayneh v. INS, 213 F.3d 488, 491 (9th Cir. 2000). We review de novo due process contentions. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying Singh’s request for humanitarian asylum based on his past mistreatment in India. See Belayneh, 213 F.3d at 491 (record lacked evidence of atrocious past persecution).

Substantial evidence supports the agency’s determination that, even if he credibly established past persecution, the presumption of future persecution was rebutted by evidence that he could relocate within India and it would be reasonable…