Gurjit Singh v. Loretta E. Lynch

MEMORANDUM

Petitioner Gurjit Singh seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims for asylum, withholding of removal, humanitarian asylum, and relief under the Convention Against Torture (“CAT”). We deny in part, and we grant and remand in part.

1. Substantial evidence supports the denial of the asylum claim. Because the immigration judge (“IJ”) found that Petitioner suffered past persecution by the Punjabi police in 2007 due to his membership in the political organization Shiroma-ni Akali Dal Mann (“SADM”), Petitioner was entitled to a presumption of “a well-foundec} fear of persecution.” 8 C.F.R. § 1208.13 (b)(1). The government rebutted this presumption, however, by showing that Petitioner could reasonably and safely relocate to another part of India. See 8 C.F.R. § 1208.13 (b)(l)(i)(B) (stating standard); see also Melkonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir. 2003) (explaining that an “IJ may deny eligibility for asylum to an applicant who has otherwise demonstrated a well-founded fear of persecution where the evidence establishes that internal relocation is a reasonable option under all of the circumstances”). The government introduced…