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

Joga Singh v. Eric H. Holder Jr.

Joga Singh v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 21, 2011 · Farris, O'Scannlain, Bybee
422 F. App'x 652

Joga Singh v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Joga 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 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 the petition for review.

Substantial evidence supports the agency’s determination that, even if Singh credibly established past persecution, any presumption of a well-founded fear was rebutted by evidence that he could reasonably relocate within India. See 8 C.F.R. § 1208.13(b)(l)(i)(B); Gonzalez-Hernandez, 336 F.3d at 998-99. 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 Gonzalez-Hernandez, 336 F.3d at 1001 n. 5.

Substantial evidence also supports the agency’s denial of CAT relief because *654 Singh failed to demonstrate it is more likely than not he will be tortured if returned to India. See 8 C.F.R. § 1208.16(c)(3); see also Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir. 2006).

We reject Singh’s contention that the IJ failed to adequately consider his documentary evidence. See Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir. 2000) (petitioner must overcome the presumption that the agency considered all the evidence).

We decline to review Singh’s contention that he is eligible for humanitarian asylum because the BIA did not review this claim, see Azanov v. Ashcroft, 364 F.3d 1013, 1020-21 (9th Cir. 2004), and he does not contend the BIA erred in failing to do so, see Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).

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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