Singh
Singh v. Mukasey
Opinion
lead Opinion
MEMORANDUM *
Petitioner Kamaljit Singh is a native and citizen of India who petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his motion to remand and adopting and affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. The IJ reasonably found that the petitioner’s corroborated testimony that he had been twice arrested and beaten during the years when the Terrorist and Disruptive Activities (Prevention) Act (“TADA”) was in effect was credible. The IJ reasonably found, however, that any presumption of a well-founded fear of future persecution had been rebutted because conditions in the country had changed, pointing out that the TADA had lapsed and that the petitioner had been acquitted of the charges brought on the basis of one of the earlier arrests, he had lived peacefully for a number of years in his home village, and he had obtained a passport in his own name. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000-01 (9th Cir.2003) (holding that presumption of a well-founded fear of future persecution was rebutted by changed country…