Balvir Singh v. Holder

MEMORANDUM

Balvir Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“LJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

1. Having established past persecution, Singh is entitled to the presumption that he has a well-founded fear of future persecution. Ali v. Holder, 687 F.3d 1025, 1029 (9th Cir.2011). Substantial evidence does not support the BIA’s finding that the government showed, by a preponderance of the evidence, that a fundamental change in country conditions occurred in India such that Singh no longer has a well-founded fear of persecution. See id. The country reports relied on by the BIA do not serve to rebut, on an individualized basis, the presumption that Singh’s fear of future persecution is well-founded. See id. at 1080-31 ; Chand v. INS, 222 F.3d 1066, 1079 (9th Cir.2000) (general country report information describing an improvement in conditions prior to the persecution suffered by the applicant is not sufficient to rebut the…