GURKAMAL SINGH v. JEFFERSON SESSIONS III (2017)

MEMORANDUM *

Gurkamal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from 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 the agency's factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition for review.

Substantial evidence supports the agency's determination that, even if Singh was credible and suffered past persecution, conditions for Sikhs in India have changed such that Singh no longer has an objectively reasonable well-founded fear of future persecution. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir. 2003) (agency rationally construed country report and provided an individualized analysis of how changed conditions will affect petitioner's specific situation). Thus, Singh's asylum claim fails.

Because Singh failed to satisfy the lower standard of proof for asylum, it necessarily follows that he failed to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, substantial evidence also supports the agency's denial of Singh's CAT claim because he failed to establish it is more like than not he would be tortured if returned to India. See Sowe v. Mukasey, 538 F.3d 1281, 1288-89 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.