Josan
Josan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Rattan Singh Josan, a native of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s denial of his requests for asylum, withholding of deportation, and protection under the Convention Against Torture. The BIA dismissed the appeal, concluding that the petitioner does not have a well-founded fear of future persecution because country conditions in India have undergone significant change. We deny the petition.
The BIA properly made an individualized determination about changed country conditions. See Ruano v. Ashcroft, 301 F.3d 1155, 1161 (9th Cir.2002) (finding state department report inadequate to rebut presumption of well-founded fear because it “did not provide any evidence refuting the petitioner’s claim on an individualized basis”); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir.2003) (“[Wjhere the BIA rationally construes an ambiguous ... country report and provides an ‘individualized analysis of how changed conditions will affect the specific petitioner’s situation,’ substantial evidence will support the agency determination.”) (citation omitted).