Virk

Virk v. Holder

Good Law
486 F. App'x 635
United States Court of Appeals for the Ninth CircuitAugust 29, 201208-72670California323 words

Opinion

Opinion

MEMORANDUM

Amarpreet Singh Virk, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the agency’s determination that the presumption of countrywide persecution was rebutted by evidence Virk could reasonably relocate within India. See 8 C.F.R. § 1208.13 (b)(i)(B). Specifically, the 2004 United Kingdom report states Indian citizens, including Sikhs, can move freely throughout the country, and that local police do not have the resources or ability to perform checks on people arriving from other parts of India. We reject Virk’s contention that the agency failed to properly apply the presumption of countrywide persecution, and we reject his contention that the agency erred by requiring Virk rather than DHS to prove internal relocation was reasonable, because the agency…

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