Pawan Singh-Chauhan v. Loretta E. Lynch

MEMORANDUM

Pawan Jot Singh-Chauhan, 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 protection 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, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and for abuse of discretion the denial of humanitarian asylum, Belayneh v. INS, 213 F.3d 488, 491 (9th Cir. 2000), and we deny the petition for review.

Substantial evidence supports the agency’s conclusion that, even if Singh-Chauhan demonstrated past persecution, he could safely relocate in India, and it would be reasonable for him to do so. See 8 C.F.R. §§ 1208.13 (b)(1)(i)(B) (asylum); 1208.16(b)(1)(i)(B) (withholding of removal); Melkonian v. Ashcroft, 320 F.3d 1061, 1070 (9th Cir. 2003) (presumption overcome where preponderance of the evidence showed applicant could “reasonably relocate internally to an area of safety”); Gomes v. Gonzales, 429 F.3d 1264, 1267 (9th Cir. 2005) (prior relocation…