Singh

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

SIMRANJOT SINGH, No. 22-794 Agency No. Petitioner, A215-666-482 v.

ORDER

MERRICK B. GARLAND, Attorney General,

Respondent.

Before: S.R. THOMAS, BRESS, and JOHNSTONE, Circuit Judges.

Judges S.R. Thomas and Johnstone have voted to amend the memorandum

disposition and to deny the petition for panel rehearing. Judge Bress has voted to

grant the petition for panel rehearing.

The memorandum disposition filed on December 11, 2023 is amended as

follows:

Delete the sentence reading:

We therefore remand for the agency to reevaluate Singh’s asylum, withholding, and CAT claims to determine whether BJP members constitute government perpetrators under Kaur, and if so, whether the government rebutted the presumption of a nationwide threat under Whitaker. Replace that sentence with the following:

We therefore remand for the agency to reevaluate Singh’s asylum and withholding claims to determine whether BJP members constitute government perpetrators under Kaur, and if so, whether…