Singh

Singh v. Ashcroft

Good Law
120 F. App'x 154
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-71575California368 words

Opinion

Lead Opinion

MEMORANDUM **

Kuldeep Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of his claims for asylum and withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and will uphold the BIA’s decision unless the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Assuming Singh’s testimony was credible, as the BIA did, substantial evidence supports the conclusion that conditions have changes in India such that Singh has no well-founded fear of persecution. See Gonzalez-Hernandez, 336 F.3d at 1000-01 (upholding a denial of asylum based on changed country conditions where the agency rationally construed State Department report).

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 961 (9th…

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