Rajinder Khatra-Mavi v. Eric Holder, Jr.

MEMORANDUM

Rajinder Singh Khatra-Mavi, 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 the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). 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 Khatra-Mavi failed to demonstrate it is more likely than not he will be tortured by or with the acquiescence of the government if returned to India. See id. at 1067-68 . Accordingly, we deny the petition with respect to Khatra-Mavi’s CAT claim.

Khatra-Mavi alleges that Congress Party members beat him on three occasions, including one in which he needed stitches on his lips and another in which the injuries were severe enough to require medical treatment. His attackers also threatened him with future beatings and death. In another incident, Congress…