Singh

Singh v. Gonzales

Good Law
176 F. App'x 902
United States Court of Appeals for the Ninth CircuitMay 24, 2006No. 04-76614California572 words

Opinion

Lead Opinion

MEMORANDUM **

Lakhbir Singh (“Singh”), his wife, Ramandeep Kaur, and their children, Par-minder Kaur and Sandeep Singh, are natives and citizens of India. Petitioners petition for review of the Board of Immigration Appeals’ (“BIA”) opinion which affirmed the Immigration Judge’s (“U”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, this court reviews the decision of the BIA. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review the BIA’s denial of asylum, withholding of removal, and CAT relief for substantial evidence. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We grant the petition and remand.

Substantial evidence does not support the BIA’s finding that changed country conditions rebutted Singh’s presumption of a well-founded fear of persecution based on facts in the 1997 Addendum to a State Department report on India (“Addendum”). See Chand v. INS, 222 F.3d 1066, 1079 (9th Cir.2000) (the decision…

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