Singh v. Whitaker, No. 16-70823 (9th Cir. 2019)
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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.
Court Description: Immigration. The panel granted in part and denied in part a petition for review of the Board of Immigration Appeals’ denial of asylum, humanitarian asylum, withholding of removal, and protection under the Convention Against Torture. The panel held that the Board 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). In so concluding, the panel held that based upon its plain language, § 1208.13(b)(3) does not require the government to propose a city, state, or other type of locality as the area of relocation, rather the Department of Homeland Security may properly propose a specific or a more general area as the place of safe relocation. The Board must then conduct its safe relocation analysis with respect to that proposed area, however specifically or generally defined. The panel also held that in considering the reasonableness of relocation, the Board erred in failing to
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