CA9 on India, Changed Conditions: Singh v. Holder

CA9 on India, Changed Conditions: Singh v. Holder

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion if he were removed to India.  We conclude that this decision is supported by substantial evidence.  Accordingly, the petition for review is DENIED."

Dissent: "Because I find: (a) that substantial evidence does not support the IJ and BIA’s conclusion that the government has adequately demonstrated changed country circumstances; (b) that the IJ and BIA incorrectly shifted the burden of proof to petitioner rather than the government; and (c) that the IJ and BIA failed to conduct the individualized analysis required by law, I would grant the petition for review, direct the BIA to grant petitioner’s application for withholding of removal, and remand for consideration of a discretionary grant of asylum."

- Singh v. Holder, May 21, 2014.