Balvir Singh-Malhi v. Eric Holder, Jr.

MEMORANDUM

Balvir Singh-Malhi, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We review for abuse of discretion the BIA’s denial of a motion to remand. Guzman v. INS, 318 F.3d 911 , 912 n. 1 (9th Cir.2003) (per cu-riam). We deny the petition for review.

The BIA found that, even assuming Singh-Malhi suffered past persecution, the presumption of future persecution was rebutted. Substantial evidence supports this finding and the agency’s conclusion that the record does not reflect a likelihood of persecution. See 8 C.F.R. § 1208.16 (b)(l)(i). We reject Singh-Mal-hi’s contentions that the BIA purported to rely on a different basis than the IJ and conducted ultra vires factfinding. We also reject Singh-Malhi’s contention that he was deprived…