U.S. Court of Appeals for the Ninth Circuit, 2011

Yudhvinderpal Sandhu v. Eric H. Holder Jr.

Yudhvinderpal Sandhu v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 9, 2011 · Canby, Fernandez, Smith
420 F. App'x 684

Yudhvinderpal Sandhu v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Surjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and protection 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 the petition for review.

Substantial evidence supports the agency’s finding that, even if Singh established past persecution on account of a protected ground, the government rebutted the presumption of a well-founded fear of future persecution by establishing changed circumstances in India. See 8 C.F.R. § 1208.13(b)(l)(i)(4) and (ii); see also Gonzalez-Hernandez, 336 F.3d at 998-1001. The agency rationally construed evidence in the record and provided a sufficiently individualized analysis of Singh’s situation. See id. at 1000. Accordingly, Singh’s asylum claim fails.

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See id. at 1001 n. 5.

Finally, substantial evidence also supports the agency’s denial of CAT relief because Singh failed to establish it is more likely than not he will be tortured if returned to India. See 8 C.F.R. § 1208.16(c)(2); Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir. 2006).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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