Singh v. Holder
Opinion of the Court
MEMORANDUM
Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision 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. We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir. 2003), and we deny in part and grant in part the petition for review.
Substantial evidence supports the agency’s determination that even if Singh established past persecution, the government rebutted Singh’s presumption of a well-founded fear of future persecution both by demonstrating changed circumstances in India, see Sowe v. Mukasey, 538 F.3d 1281, 1285-86 (9th Cir. 2008) (agency rationally construed evidence in the record and provided a sufficiently individualized analysis of the petitioner’s situation), and by establishing Singh could reasonably relocate within India, see Gonzalez-Hernandez, 336 F.3d at 998-999. We reject Singh’s contention that the agency improperly shifted the burden of proof to him. Accordingly, Singh’s asylum and withholding of removal claims fail. See id. at 1001 n. 5.
The parties shall each bear their own costs on appeal.
PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Satnam SINGH v. Eric H. HOLDER Jr., Attorney General
- Cited By
- 1 case
- Status
- Published