Tesfamichael

MEMORANDUM *

Petitioner AMilu Ephrem Tesfamichael requests review of the BIA’s decision denying him relief. We deny the petition.

Petitioner first argues that the Immigration Judge (“IJ”), whose decision the Board of Immigration Appeals (“BIA”) adopted, erred in dismissing his request for asylum and withholding of removal. The IJ concluded that even if petitioner had proven a well-founded fear of persecution because of past persecution, it was reasonable for him to relocate within Ethiopia. While the ability of an alien who has suffered past persecution to relocate within his country of origin is not relevant in determining whether he is eligible for asylum, it is relevant in determining whether the IJ should exercise his discretion to grant or deny asylum to an applicant. See Harpinder Singh v. Ilchert, 63 F.3d 1501, 1511 (9th Cir.1995). However, this discretion “must be exercised ‘within the constraints of the law.’ ” Surinder Singh v. Ilchert, 69 F.3d 375, 380 (9th Cir.1995) (citing Singh v. Moschorak, 53 F.3d 1031, 1034 (9th Cir.1995)). Further, once an alien has shown past persecution, fear of future persecution is presumed. The burden then shifts to the government to show…