Singh

Singh v. Ashcroft

Good Law
113 F. App'x 794
United States Court of Appeals for the Ninth CircuitNovember 1, 2004No. 03-71613California450 words

Opinion

Lead Opinion

MEMORANDUM **

Jorawar Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s denial of asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a) and deny the petition.

The BIA assumed that Singh testified credibly and that he established past persecution attributable to his affiliation with Sikh religious and political organizations. The BIA nevertheless concluded that Singh was not eligible for asylum because the government had rebutted the presumption of a well-founded fear of persecution by introducing evidence of changed circumstances in the Punjab region of India. We review the BIA’s determination under the substantial evidence standard and must deny the petition unless Singh establishes that “the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

There is substantial evidence in the record to support the BIA’s finding of changed circumstances. The 1997 addendum to the 1996…

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