Deep Singh v. Holder

MEMORANDUM

Deep Singh and Jaskiran Kaur, natives and citizens of India, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their claims 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 factual findings. See Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010). We deny in part and grant in part the petition for review, and we remand.

I

We deny Kaur’s petition for review of the BIA’s decision to deny her CAT relief. Substantial evidence supports the BIA’s finding that she failed to establish it is more likely than not she would be tortured upon return to India. See Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir.2006) (evidence did not compel the conclusion it was more likely than not the petitioner would be tortured).

II

We grant Singh’s petition for review. The BIA found that, even assuming he had established past persecution through credible testimony, he could relocate within India. On this basis, the BIA denied asylum and withholding of removal. Because it is unclear…