Surjit Singh v. Eric H. Holder Jr.

MEMORANDUM

Surjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s denial of CAT relief because Singh failed to show it is more likely than not that he will be tortured in India. See Sowe v. Mukasey, 538 F.3d 1281, 1288-89 (9th Cir.2008) (evidence of changed country conditions defeated CAT claim).

Contrary to the BIA’s instructions to the IJ in its remand order, the IJ did not analyze Singh’s claim -with a presumption that his fear of future persecution was well-founded. Thus, the IJ did not shift the burden of proof to the government on the issues of changed country conditions and internal relocation. See 8 C.F.R. § 1208.13 (b)(l)(ii). Accordingly, substantial evidence…