Singh

Singh v. Immigration & Naturalization Service

Good Law
5 F. App'x 777
United States Court of Appeals for the Ninth CircuitMarch 14, 2001No. 00-70091; INS A 71 786 399California853 words

Opinion

Lead Opinion

ORDER

Petitioner Singh’s motion to hold decision is denied without prejudice to an application to stay the mandate.

MEMORANDUM 1

Singh petitions for review of a decision by the Board of Immigration Appeals (Board) denying him relief from deportation. The Board had jurisdiction pursuant to 8 C.F.R. § 3.1 (b). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amend *778 ed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, because Singh’s deportation proceedings began prior to April 1,1997, and a final order of deportation was entered after October 30, 1996. See Pedro-Mateo v. INS, 224 F.3d 1147, 1149 (9th Cir.2000). We deny the petition.

To be eligible for asylum, Singh must be “unwilling to return to his country of origin ‘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. at 1149-50 , quoting 8 U.S.C. § 1101 (a)(42)(A). “To establish eligibility on the basis of a “well-founded fear of persecution,’ an alien’s fear of persecution must be both subjectively genuine and objectively reasonable.” Id. at 1150 . “ ‘Persecution’…

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