Virk v. Holder

Ninth Circuit

Virk v. Holder

486 F. App'x 635

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 29, 2012

Docket08-72670

StatusUnpublished

This text of 486 F. App'x 635 (Virk v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Virk v. Holder, 486 F. App'x 635 (9th Cir. 2012).

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Opinion

MEMORANDUM **

Amarpreet Singh Virk, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence. Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the agency’s determination that the presumption of countrywide persecution was rebutted by evidence Virk could reasonably relocate within India. See 8 C.F.R. § 1208.13(b)(i)(B). Specifically, the 2004 United Kingdom report states Indian citizens, including Sikhs, can move freely throughout the country, and that local police do not have the resources or ability to perform checks on people arriving from other parts of India. We reject Virk’s contention that the agency failed to properly apply the presumption of countrywide persecution, and we reject his contention that the agency erred by requiring Virk rather than DHS to prove internal relocation was reasonable, because the agency explicitly applied the proper presumption and burden of proof. Accordingly, Virk’s asylum and withholding of removal claims fail.

Substantial evidence also supports the agency’s denial of CAT relief because Virk failed to demonstrate it was more likely than not he will be tortured if returned to India. See Hasan v. Ashcroft, 380 F.3d 1114, 1122-23 (9th Cir.2004) (denying CAT relief based on the possibility of internal relocation).

PETITION FOR REVIEW DENIED.

ORDER

The government’s petition for panel rehearing is granted.

*636 The memorandum disposition filed on August 16, 2011 is withdrawn. A replacement memorandum disposition denying the petition for review is being filed concurrently with this order.

Any further petition for panel rehearing may be filed within 45 days of the filing of this order.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

Amarpreet Singh Virk, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence. Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the agency’s determination that the presumption of countrywide persecution was rebutted by evidence Virk could reasonably relocate within India. See 8 C.F.R. § 1208.13(b)(i)(B). Specifically, the 2004 United Kingdom report states Indian citizens, including Sikhs, can move freely throughout the country, and that local police do not have the resources or ability to perform checks on people arriving from other parts of India. We reject Virk’s contention that the agency failed to properly apply the presumption of countrywide persecution, and we reject his contention that the agency erred by requiring Virk rather than DHS to prove internal relocation was reasonable, because the agency explicitly applied the proper presumption and burden of proof. Accordingly, Virk’s asylum and withholding of removal claims fail.

Substantial evidence also supports the agency’s denial of CAT relief because Virk failed to demonstrate it was more likely than not he will be tortured if returned to India. See Hasan v. Ashcroft, 380 F.3d 1114, 1122-23 (9th Cir.2004) (denying CAT relief based on the possibility of internal relocation).

PETITION FOR REVIEW DENIED.

ORDER

The government’s petition for panel rehearing is granted.

*636 The memorandum disposition filed on August 16, 2011 is withdrawn. A replacement memorandum disposition denying the petition for review is being filed concurrently with this order.

Any further petition for panel rehearing may be filed within 45 days of the filing of this order.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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486 F. App'x 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virk-v-holder-ca9-2012.

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