Singh

MEMORANDUM **

Satinderpal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his application for asylum and withholding of removal. Singh alleges that the INS failed to rebut the presumption that he had a well-founded fear of persecution and faced a threat to life and liberty if he returned to India. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we grant the petition and remand to the BIA for further proceedings.

I

We review the BIA’s determination under the substantial evidence standard. Cardenas v. INS, 294 F.3d 1062, 1065 (9th Cir.2002). Singh first argues that substantial evidence did not support the BIA’s decision that he was ineligible for asylum. An applicant who is unable or unwilling to return to his country of origin because of persecution on account of a protected ground may establish eligibility for asylum by showing (1) that he has suffered past persecution, or (2) that he has a well-founded fear of future persecution. 8 U.S.C. § 1101 (a)(42)(A); 8 C.F.R. § 1208.13 (b). Because the BIA determined that Singh had suffered past persecution, a presumption arose that Singh had a well-founded…