FILED

NOT FOR PUBLICATION FEB 15 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT SATNAM SINGH, No. 11-70343

Petitioner, Agency No. A089-697-286 v.

MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 11, 2013 ** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing the appeal of 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

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Singh’s and his family’s experiences did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (unfulfilled threats standing alone constitute past persecution in only a small category of cases). Substantial evidence also supports the BIA’s denial of asylum and withholding of removal because Singh failed to establish that he could not reasonably relocate within India. See Gonzalez- Hernandez v. Ashcroft, 336 F.3d 995, 999 (9th Cir. 2003). Accordingly, Singh’s asylum and withholding of removal claims fail.

Finally, substantial evidence also supports the BIA’s denial of Singh’s CAT claim, because he failed to show a likelihood of torture at the instigation of, or with the acquiescence of the Indian government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.

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