Satbir Singh v. Eric Holder, Jr.

MEMORANDUM

Satbir Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ 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, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2004), and we grant the petition for review and remand.

The agency found that Singh was credible, demonstrated past persecution, and had a rebuttable presumption of a well-founded fear of future persecution. Substantial evidence does not support the agency’s finding that the government rebutted his presumption by demonstrating Singh could relocate internally because, despite not being a high-level militant or activist, the police have shown interest in Singh as recently as 2007, and were able to track him from Jalandhar to Mumbai. See Chand, v. INS, 222 F.3d 1066, 1079 (9th Cir.2000) (“determination of whether or not a particular applicant’s fear is rebutted ... requires an individualized analysis that focuses on the specific harm suffered and the…