Singh

Singh v. Holder

Good Law
386 F. App'x 654
United States Court of Appeals for the Ninth CircuitJanuary 10, 2011No. 07-73918California306 words

Opinion

Lead Opinion

MEMORANDUM ***

Avtar 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hemandez v. Ashcroft, 336 F.3d 995 , 998 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the agency’s finding that, even if Singh established a well-founded fear of persecution, the government established by a preponderance of the evidence that Singh could reasonably relocate within India. See 8 C.F.R. § 1208.13 (b)(3)(ii); Sowe v. Mukasey, 538 F.3d 1281, 1287 (9th Cir.2008) (“The presumption that an asylum applicant has a well-founded fear of persecution can be rebutted ... either by a showing that [t]he applicant could avoid future persecution by relocating to another part of *655 the applicant’s country of nationality.”) (citation and internal quotation marks omitted). In addition, substantial evidence also supports the BIA’s conclusion that…

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