Singh

Singh v. Ashcroft

Good Law
121 F. App'x 757
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 03-70075California407 words

Opinion

Lead Opinion

MEMORANDUM **

Baljit Singh, a native and citizen of India, petitions for review from the Board of *758 Immigration Appeals’ (Board) order summarily affirming an immigration judge’s (IJ) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and deny the petition.

We need not reach the credibility issue. Assuming, without deciding, that Singh testified credibly, established that he suffered past persecution, and was entitled to a presumption of a well-founded fear of future persecution, see 8 C.F.R. § 208.13 (b)(1), the Immigration and Naturalization Service rebutted this presumption by showing by a preponderance of the evidence that there has been a fundamental change in circumstances such that Singh no longer has a well-founded fear of future persecution. See id. § 208.13(b)(l)(i)(A).

The IJ concluded that Singh’s claim that he feared future persecution was refuted by evidence in the record, such as the State Department’s “Addendum to the India Country Profile — July 1997” (1997 Addendum). The IJ stated that the 1997 Addendum…

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