Ghotra

MEMORANDUM **

Amarjit Singh Ghotra (“Ghotra”) petitions for review of the BIA’s decision dismissing his appeal of the IJ’s denial of his petition for asylum and withholding of removal. The BIA affirmed the IJ on two grounds: (1) the government, through presentation of State Department reports, successfully rebutted any presumption of a well-founded fear of future persecution to which Ghotra was entitled; and (2) Ghotra had not shown sufficiently severe past persecution to warrant a grant of asylum on humanitarian grounds in the absence of such a well-founded fear. We review the BIA’s denial of asylum on humanitarian grounds where the petitioner shows atrocious past persecution for an abuse of discretion. Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000). The BIA abuses its discretion when it acts “arbitrarily, irrationally, or contrary to the law.” Lainez-Ortiz, 96 F.3d 393, 395 (9th Cir.1996).

Even where there is no likelihood of future persecution, asylum can be warranted for humanitarian reasons where the petitioner demonstrates “atrocious forms of [past] persecution” on account of a protected ground. See Matter of Chen, 20 I & N Dec. 16 , 1989 WL 331860 (1989) (developing…