Goondi

Goondi v. Gonzales

Good Law
191 F. App'x 575
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-71915California262 words

Opinion

Lead Opinion

MEMORANDUM **

Dilawar Singh Goondi, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). We deny in part, and grant and remand in part, the petition.

Substantial evidence supports the BIA’s decision that petitioner failed to establish past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003); see also Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995).

Because the BIA did not address whether petitioner established a well-founded fear of future persecution with regard to asylum eligibility, and did not address the likelihood of future persecution with regard to withholding of removal, we grant the petition and remand to the BIA to determine if petitioner is eligible for asylum and withholding of removal. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 870 (9th…

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