Singh

Singh v. Gonzales

Good Law
235 F. App'x 457
United States Court of Appeals for the Ninth CircuitJuly 20, 2007No. 05-77369California359 words

Opinion

Lead Opinion

MEMORANDUM **

Parminder Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

“Where, as here, the BIA reviews the IJ’s decision de novo, our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000) (internal quotation marks and citation omitted). We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2004), and we grant the petition in part, deny it in part, and remand.

*458 The IJ determined that Singh had established past persecution on account of imputed political opinion, and thus was entitled to a presumption that he had a well-founded fear of future persecution. See Baballah, 367 F.3d at 1078 . Both the IJ and BIA found that the Government rebutted this presumption by presenting evidence of changed country conditions. The BIA’s finding is not supported by substantial…

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