Peter Waswa v. Eric Holder, Jr.

MEMORANDUM

Peter Eclous Waswa petitions for review of the December 31, 2009 order of the Board of Immigration Appeals which af firmed the decision of the Immigration Judge and denied Waswa’s applications for asylum, withholding of removal and relief under the Convention against Torture. We deny the petition as to all three claims.

Although review of the BIA’s decision alone is sufficient to dispose of this case, it is appropriate for us to consider the reasoning of both the IJ and the BIA. See Ahir v. Mukasey, 527 F.3d 912, 916 (9th Cir.2008). Because the BIA explicitly stated that it had no disagreement with the IJ’s decision and reiterated the IJ’s reasoning, our review should include the decision of the IJ as it was incorporated by the BIA. See Gutierrez v. Holder, 662 F.3d 1083, 1086 (9th Cir.2011).

Turning to Waswa’s substantive claims, substantial evidence supports the denial of relief. Although Waswa may have suffered past persecution, substantial evidence supports the finding of changed country conditions in Uganda. The State Department’s 1997 Report states that “amnesty for former rebels ... appears to be quite successful.” The evidence does not compel a conclusion…