Singh v. Holder, Jr., No. 10-71999 (9th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of India, petitioned for review of the BIA's order concluding that he is ineligible for withholding of removal. The court concluded that substantial evidence supported the BIA's determination that the government showed that there has been a fundamental change in circumstances on the treatment of Sikhs in India to overcome the presumption that he would be persecuted if he were removed. The evidence introduced by the government was sufficiently individualized to address petitioner's claim that he would be persecuted because of his past involvement with the Akali Dal (Mann) party. The general principle requiring the factfinder and a court of appeals to accept a petitioner's factual contentions as true in the absence of an adverse credibility finding does not prevent the court from considering the relative probative value of hearsay and nonhearsay testimony. The agency properly performed its core functions of weighing conflicting evidence, bringing its expertise to bear, and articulating the rationale underlying its decision. Accordingly, the court denied the petition for review.