Singh

MEMORANDUM **

Makhan Singh — whose real name is Ram Lubhaya — appeals the decisions of the Board of Immigration Appeals (“BIA”) denying his application for asylum and withholding óf deportation and his motion to reopen his application pursuant to the United States Convention Against Torture. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We affirm.

Lubhaya may be eligible for asylum either because he has suffered past persecution or because he has a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b); accord Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000); see also 8 U.S.C. §§ 1158 (b)(1), 1101(a)(42)(A). Lubhaya waived on appeal his claim that he suffered past persecution, and the evidence in the administrative record does not compel the conclusion that there is a “reasonable possibility” that Lubhaya will be persecuted if he returns to India. 8 C.F.R. § 208.13 (b)(2)(i); Salazar-Paucar v. INS, 281 F.3d 1069, 1073-74 (9th Cir.), amended by 290 F.3d 964 (9th Cir.2002). Rather, the evidence suggests that the Indian authorities will not target him if he returns.…