Singh v. Whitaker, No. 16-70823 (9th Cir. 2019)Annotate this Case
Petitioner, a citizen of India and member of the Mann Party, petitioned for review of the BIA's decision denying his claims for asylum, humanitarian asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The panel granted the petition for review of the asylum and withholding of removal claims because the BIA did not conduct a sufficiently individualized analysis of petitioner's ability to relocate within India outside of the state of Punjab.
The panel held that the BIA erred in failing to conduct a reasoned analysis with respect to petitioner's situation to determine whether, in light of the specific persons or entities that caused his past persecution, and the nature and extent of that persecution, there are one or more general or specific areas within his country of origin where he has no well-founded fear of persecution, and where it is reasonable for him to relocate pursuant to the factors set forth in 8 C.F.R. 1208.13(b)(3). However, the panel denied the petition for review of petitioner's claim for humanitarian and CAT protection, holding that substantial evidence supported the BIA's decision.