Singh v. Ashcroft

MEMORANDUM **

Devinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s order denying his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We deny Singh’s petition for review.

The BIA dismissed Singh’s appeal based on its determination that country conditions have changed such that Singh no longer has a well-founded fear of persecution. Singh fails to raise or argue this issue in his brief to this court. He has therefore waived the only argument that could undermine the BIA’s decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996).

Pursuant to Elian v. Ashcroft, 370 F.3d 897, 901 (9th Cir.2004) (order), Singh’s voluntary departure period will begin to run upon issuance of this court’s mandate.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.