Singh
Singh v. Holder
Opinion
Lead Opinion
*559 MEMORANDUM **
Gurprit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 836 F.3d 995, 998 (9th Cir.2003), and we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the determination that Singh’s application for asylum was untimely because Singh’s arrival date is an issue of disputed fact. See 8 U.S.C. § 1158 (a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam).
Substantial evidence supports the BIA’s determination that even if Singh established past persecution, the government rebutted Singh’s presumption that his life or freedom would be threatened in the future by demonstrating both changed circumstances in India since his departure, and also that Singh could reasonably relocate within India. See Sowe v. Mukasey, 538 F.3d 1281, 1286-87 (9th Cir.2008) (the…