Singh v. Holder
649 F.3d 1161
9th Cir.2011Background
- Singh, a native and citizen of India, petitions for review of BIA denial of asylum, withholding of removal, and CAT relief.
- Court has jurisdiction under 8 U.S.C. §1252; review of factual findings is for substantial evidence and conclusive unless reasonable adjudicator would be compelled to decide otherwise.
- Singh testified fear is primarily of Punjab police and stated he resided in other Indian regions without incident.
- Record shows Punjabi Sikhs can relocate within India and rank-and-file party members are not shown to face persecution.
- Relief under CAT requires a showing of more likely than not of torture and considers internal relocation; Singh failed to show internal relocation within India was impossible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency properly denied withholding based on internal relocation | Singh argues relocation is impracticable or unsafe | Government shows relocation within India is feasible | Denied; agency finding upheld |
| Whether CAT relief denial is proper given relocation possibility | Singh contends relocation avoids torture | Government shows relocation feasible; burden not met | Denied; CAT relief denied |
Key Cases Cited
- Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004) (burden to show more likely than not of torture; relocation considered)
- Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008) (internal relocation within India not shown to be impossible)
- Kozulin v. INS, 218 F.3d 1112 (9th Cir. 2000) (standard of review for factual findings)