Almeida

Almeida v. Holder

Good Law
461 F. App'x 546
United States Court of Appeals for the Ninth CircuitDecember 8, 201107-73210California1,137 words

Opinion

Opinion

MEMORANDUM

Antonio Xavier Almeida, 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 (“IJ”) decision denying his application for asylum, his request for withholding of removal, and his request for relief under the Convention Against Tór-ture (“CAT”). The BIA denied relief, concluding that (1) there was no evidence that Almeida was persecuted on account of a statutorily protected ground and (2) in the alternative, Almeida could safely and reasonably relocate within India.

Almeida filed his application after May 11, 2005, so we apply the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 302 (2005). We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition for review.

I.

Where the BIA conducts de novo review and issues its own decision, we review the BIA’s decision, except to the extent that the IJ’s decision is expressly adopted by the BIA. Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). “Where the BIA incorporates the IJ’s decision, we review the IJ’s decision.” Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002) (citation omitted).

We review the IJ and BIA’s factual…

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