Gurjinder Singh v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION OCT 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GURJINDER SINGH, No. 11-71048 Petitioner, Agency No. A094-822-185 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2013** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Gurjinder 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 (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review * 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). for substantial evidence factual findings, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010), and we deny the petition for review. The record does not compel the conclusion that Singh’s untimely asylum application is excused by changed circumstances. See 8 C.F.R. § 1208.4(a)(4); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir. 2007) (per curiam); cf. Vahora v. Holder, 641 F.3d 1038, 1047 (9th Cir. 2011). Accordingly, Singh’s asylum claim fails. Substantial evidence supports the agency’s finding that, even if Singh established past persecution, the government has rebutted the presumption of a clear probability of future persecution with evidence that he can reasonably relocate. See Melkonian v. Ashcroft, 320 F.3d 1061, 1070 (9th Cir. 2003) (presumption is overcome where a preponderance of the evidence shows “that the applicant can reasonably relocate internally to an area of safety.”). Accordingly, Singh’s withholding of removal claim fails. PETITION FOR REVIEW DENIED. 2 11-71048