Singh

Singh v. Gonzales

Good Law
185 F. App'x 609
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-74941California478 words

Opinion

Lead Opinion

MEMORANDUM **

Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings regarding changed country conditions. Gui v. INS, 280 F.3d 1217, 1229 (9th Cir.2002); Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We grant the petition and remand.

The BIA found that Singh had suffered past persecution and was entitled to a presumption of a well-founded fear of future persecution based on his credible testimony. The BIA performed an individualized inquiry to determine whether or not Singh’s well-founded fear was rebutted by general country conditions information showing a changed climate and found that the government sustained its burden.

We conclude that a review of the record compels the conclusion that general country conditions had not changed sufficiently to rebut the presumption of a well-founded fear of future…

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