Singh

Singh v. Ashcroft

Good Law
102 F. App'x 555
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 03-70215California382 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Kesar Singh, a native of India, petitions for review from an order of the Board of Immigration Appeals affirming, without opinion, the order of an immigration judge (IJ) denying his applications for asylum, withholding of deportation, and relief under the Convention Against Torture.

*556 1. We assume but need not decide that the IJ’s adverse credibility finding was not supported by substantial evidence. The IJ found, in the alternative, that even if Petitioner were credible, he could relocate safely in the Gujarat province of India. See Melkonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir.2003) (holding that asylum may be denied to an applicant who has otherwise demonstrated a well-founded fear of future persecution if the evidence shows that internal relocation is a reasonable option in all the circumstances); 8 C.F.R. § 208.13 (b)(1)(i)(B).

The IJ’s alternative finding is supported by substantial evidence in the record. For example, Petitioner in fact relocated to the Gujarat province, where he lived for four years without incident. He was not threatened or harmed after relocating. Although (accepting Petitioner’s testimony as true) Punjabi police came…

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