Jatinder Singh v. Eric Holder, Jr.

MEMORANDUM

Jatinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) 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 the agency’s factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and we deny the petition for review.

The record does not compel the conclusion that Singh timely filed his application within a reasonable period following the expiration of his lawful immigration status. See Husyev v. Mukasey, 528 F.3d 1172, 1181-82 (9th Cir.2008). Accordingly, Singh’s asylum claim fails.

Substantial evidence supports the BIA’s conclusion that Singh failed to establish past persecution based on his mistreatment by Indian authorities because he did not demonstrate the police were motivated, even in part, by his political opinion or his religion. See Dinu v. Ashcroft, 372 F.3d 1041, 1044-45 (9th Cir.2004) (presumption that police harassment of alien is politically motivated arises only where there…