Ghotra
Ghotra v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Gurdev Singh Ghotra, 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, Gomes v. Gonzales, 429 F.3d 1264, 1266 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s conclusion that, even if Ghotra demonstrated past persecution, the government established by a preponderance of the evidence that it is reasonable for Ghotra to relocate. See 8 C.F.R. § 1208.13 (b)(3); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998-99 (9th Cir.2003). Accordingly, Ghotra’s asylum claim fails.
Because Ghotra failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).
*610 Substantial evidence also supports the agency’s denial of CAT protection because Ghotra failed to…