Singh

MEMORANDUM **

Petitioner Narinder Singh and his wife and children, who are natives and citizens of India, petition for review of a decision of the Board of Immigration Appeals (“BIA”), on remand from this court, denying their applications for asylum and withholding of deportation. See Narinder Singh v. INS, No. 01-71604, 2002 WL 31863709 (9th Cir. Dec.29, 2002) (unpublished) (remanding this case to the BIA for further proceedings).

Substantial evidence in the record supports the BIA’s conclusion that the lead Petitioner’s subjective fear of future persecution by the police is not objectively reasonable. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004) (stating that objective reasonableness is a required element). The evidence does not compel a contrary conclusion. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000).

Because the lead Petitioner and his brother—who was persecuted on account of his own imputed political opinion—were differently situated in relevant respects, the record does not compel a conclusion that Petitioner would suffer the same fate as his brother. In addition, the BIA permissibly relied on the fact that Petitioner had resided safely in New Delhi,…