Singh

Singh v. Ashcroft

Good Law
114 F. App'x 322
United States Court of Appeals for the Ninth CircuitNovember 19, 2004No. 03-74301; Agency No. A76-868-470California498 words

Opinion

Lead Opinion

*323 MEMORANDUM **

Mahendra Pratap Singh, a native and citizen of Fiji of Indian ethnicity, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his application for asylum. Singh also seeks withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the decision of the BIA except to the extent the BIA adopts the IJ’s reasoning as its own. See Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996). The BIA’s factual findings regarding eligibility for asylum will be sustained if they are “supported by reasonable, substantial, and probative evidence in the record.” See Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). We grant in part and dismiss in part the petition for review and remand.

Singh’s asylum claim is based on three primary incidents: Attempts to injure him on the soccer field (the “soccer incident”); a kidnaping, beating and rape incident (the “rape attack”); and an attack on a village during which he and his family were beaten and his uncle’s house was destroyed (the “village attack”). The BIA determined that Singh is…

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