Singh
Singh v. Mukasey
Opinion
lead Opinion
MEMORANDUM *
Gurdial Singh, a citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of his claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”).
The parties are familiar with the facts. We proceed to the law. Although the IJ found the petitioner incredible, the BIA did not address the issue. We therefore presume the petitioner is credible. See Krotova v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005). We review the BIA’s decision for substantial evidence. Hernandez-Montiel v. INS, 225 F.3d 1084, 1090 (9th Cir.2000). Under this standard, we reverse a factual determination only if “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B).
*528 An applicant for asylum on the basis of past persecution must demonstrate that the persecution was on account of a protected ground. Deloso v. Ashcroft, 393 F.3d 858, 863 (9th Cir.2005). “Once past persecution is demonstrated, then fear of future persecution is presumed, and the burden shifts to the government to show, by a preponderance of the…