Singh

MEMORANDUM **

Petitioners appeal from the Board of Immigration Appeals’ (“BIA”) denial of their petition for asylum and withholding of deportation. Because the petition is based on a claim of persecution by the militants and by the police, we address each issue in turn.

Substantial evidence supports the BIA’s conclusion that the lead petitioner Narinder Singh (“Singh”) was not persecuted by the militants and did not have a well-founded fear of persecution by the militants based on his “race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A). Although petitioners raised the issue of religious persecution in their brief before the BIA, the issue is not addressed in their opening brief to this court and thus is waived. To the extent petitioners view religious persecution as part of their claim vis-a-vis the militants, as noted above, substantial evidence supports the BIA’s decision.

Singh also argues that police persecution of his brother is evidence of a well-founded fear of persecution based on imputed political opinion. It is unclear, however, whether substantial evidence supports the BIA’s conclusion that Singh’s…