Lubana

Lubana v. Mukasey

Good Law
290 F. App'x 981
United States Court of Appeals for the Ninth CircuitAugust 28, 2008No. 07-71060California340 words

Opinion

Lead Opinion

MEMORANDUM **

Shamsher Singh Lubana, a native and citizen of India, petitions for review of the BIA’s decision affirming the IJ’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We review the BIA’s findings regarding changed country conditions for substantial evidence, Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004), and we deny the petition.

Substantial evidence supports the BIA’s adoption of the IJ’s determination that, even assuming past persecution, changed circumstances in India rebut Lubana’s presumed, well-founded fear of future persecution. See Gonzalez-Hemandez v. Ashcroft, 336 F.3d 995 , 1000 (9th Cir.2003) (where agency rationally construes country *982 report and makes an individualized analysis of petitioner’s situation, agency determination will be upheld).

In reaching this conclusion, the IJ analyzed a series of newspaper articles Luba-na submitted in support of his application. Based on these documents, as well as Lu-bana’s testimony, the IJ determined that: (1) Lubana claimed he was persecuted because he supported the opponent of Bibi Jagir Kaur in a 2002 election; and (2) Kaur has…

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