Singh

Singh v. Gonzales

Good Law
204 F. App'x 659
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 05-72864California332 words

Opinion

Lead Opinion

MEMORANDUM **

Jaspal Singh, a native and citizen of India, petitions for review of the dismissal by the Board of Immigration Appeals (“BIA”) of his appeal from an immigration judge’s (“IJ”) denial of his applications 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, Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993), and we deny the petition.

Assuming arguendo that Singh testified credibly, established that he suffered past persecution, and was entitled to a presumption of a well-founded fear of future persecution, the BIA concluded that the government rebutted this presumption by showing by a preponderance of the evidence that there has been a fundamental change in circumstances in India such that Singh no longer has a well-founded fear of future persecution. See 8 C.F.R. § 208.13 (b)(1). The BIA’s analysis of how changed country conditions affected Singh’s specific situation was sufficiently individualized to provide substantial evidence for its conclusion that Singh failed to establish eligibility for asylum. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d…

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