Singh

MEMORANDUM

Petitioner argues that the BIA erred in finding that changed country conditions in India rebutted the presumption that he had a well-founded fear of persecution. We have jurisdiction under 8 U.S.C. § 1252 , grant the petition for review, and remand.

“The Attorney General has discretion to grant asylum to any alien who qualifies as a ‘refugee’ within the meaning of section 101(a)(42)(A) of the [Immigration and Nationality Act].” Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.2010). It is the applicant’s burden to establish his status as a refugee, 8 U.S.C. § 1158 (b)(l)(B)(i), which is defined as a person “unable or unwilling” to return to his home country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion,” id. § 1101(a)(42)(A); see also Navas v. INS, 217 F.3d 646, 654 (9th Cir.2000).

“A finding of ‘well-founded fear of persecution’ requires both a showing of ‘subjectively genuine’ and ‘objectively reasonable’ fear.” Zhao v. Mukasey, 540 F.3d 1027, 1029 (9th Cir.2008) (quoting Ladha v. INS, 215 F.3d 889, 897 (9th Cir.2000)). “The subjective component…