Lubana v. Blanche
CourtCourt of Appeals for the Second Circuit
Date FiledNovember 2, 2026
Docket24-464
StatusUnpublished
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Full Opinion
24-464
Lubana v. Blanche
BIA
Gundlach, IJ
A220 737 619
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY
ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL
APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY
CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY
COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 2 nd day of November, two thousand
twenty-six.
PRESENT:
RAYMOND J. LOHIER, JR.,
Chief Judge,
JON O. NEWMAN,
DEBRA ANN LIVINGSTON,
Circuit Judges.
_____________________________________
AMANDIP SINGH LUBANA,
Petitioner,
v. 24-464
NAC
TODD BLANCHE, UNITED STATES
ATTORNEY GENERAL,
Respondent.*
_____________________________________
* The Clerk of Court is directed to amend the caption as set forth above.
FOR PETITIONER: Suraj R. Singh, Esq., New York, NY.
FOR RESPONDENT: Brian Boynton, Principal Deputy Assistant
Attorney General; Sheri R. Glaser, Senior
Litigation Counsel; Zachary S. Hughbanks,
Trial Attorney, Office of Immigration
Litigation, United States Department of
Justice, Washington, DC.
UPON DUE CONSIDERATION of this petition for review of a Board of
Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND
DECREED that the petition for review is DENIED.
Petitioner Amandip Singh Lubana, a native and citizen of India, seeks
review of a January 30, 2024 decision of the BIA affirming a May 26, 2023 decision
of an Immigration Judge (“IJ”) denying his application for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). In re Lubana,
No. A 220 737 619 (B.I.A. Jan. 30, 2024), aff’g No. A 220 737 619 (Immigr. Ct. N.Y.
City May 26, 2023). We assume the parties’ familiarity with the underlying facts
and procedural history.
We have reviewed the IJ’s decision as supplemented by the BIA. See Yan
Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review the agency’s factual
findings, including a relocation determination, “for substantial evidence.” Singh
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v. Garland, 11 F.4th 106, 112–13 (2d Cir. 2021). Under the substantial evidence
standard, the agency’s determination “is generally ‘conclusive unless any
reasonable adjudicator would be compelled to conclude to the contrary.’” Urias-
Orellana v. Bondi, 607 U.S. 537, 545 (2026) (quoting 8 U.S.C. § 1252(b)(4)(B)).
An applicant for asylum or withholding of removal has the burden of
establishing a well-founded fear or likelihood of future persecution, respectively.
8 U.S.C. §§ 1158(b)(1)(B)(i), 1231(b)(3)(A); see 8 C.F.R. §§ 1208.13(a)–(b), 1208.16(b). 1
Because the agency found that Lubana was persecuted by members of the
Bharatiya Janata Party (“BJP”) in Punjab for his support of the Shiromani Akali
Dal Amritsar Party (“Mann Party”), he was presumed to have established a risk of
future persecution. See 8 C.F.R. §§ 1208.13(b)(1), 1208.16(b)(1)(i). However, the
Department of Homeland Security (“DHS”) can rebut such a presumption by
establishing, by a preponderance of the evidence, that (1) “[t]he applicant could
avoid future persecution by relocating to another part of the applicant’s country,”
1 Citations are to the regulations prior to enjoined amendments intended to go into
effect in January 2021 that would have placed the burden on Lubana to rebut a
presumption that relocation would be reasonable, and revised the factors to be
considered in determining the reasonableness of relocation. Compare, e.g.,
8 C.F.R. § 1208.13(b)(3) (effective Nov. 20, 2020), with id. § 1208.13(b)(3) & (b)(3)(iii)
(effective Jan. 11, 2021).
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and (2) “under all the circumstances, it would be reasonable to expect the applicant
to do so.” Id. § 1208.13(b)(1)(i)(B)–(ii); see also id. § 1208.16(b)(1)(i)(B)–(ii). DHS
may meet its burden by “adducing additional evidence or resting upon evidence
already in the record,” In re H-, 21 I. & N. Dec. 337, 346 (B.I.A. 1996), but it cannot
rely on the absence of evidence, cf. Kone v. Holder, 596 F.3d 141, 150 (2d Cir. 2010)
(holding that return trips to home country did not establish changed conditions
simply because there was no new persecution). Here, substantial evidence
supports the agency’s determination that DHS established that Lubana could
safely and reasonably relocate within India, outside Punjab.
As to the risk of persecution, DHS presented evidence that, contrary to
Lubana’s testimony that BJP supporters would track him through his national
identification card, the Indian government does not store or share information
regarding when, where, or for what purpose a person’s identity is verified by this
card. Lubana is not a high-profile activist for a separate Sikh state (the aim of the
Mann Party) or a violent militant, and thus is unlikely to attract attention from the
central Indian government or state governments beyond Punjab. Moreover, the
country conditions evidence reflects that (1) Sikhs and Mann Party supporters like
Lubana are generally safe outside Punjab, and (2) Lubana can ask a magistrate to
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require police investigation of any BJP supporters who harass him. See Bah v.
Mukasey, 529 F.3d 99, 115 (2d Cir. 2008) (explaining that DHS only has to show that
relocation will “obviate the risk . . . related to the original claim”). Given these
facts, the IJ reasonably concluded that Lubana would not be persecuted outside
Punjab for his continued support of the Mann Party. See Singh, 11 F.4th at 112–
13. Lubana broadly challenges DHS’s evidence as outdated, but does not cite
evidence that conditions in India have since changed and thus has not established
that the record compels the conclusion that he cannot safely relocate. See id.
As to the reasonableness of internal relocation, Lubana argues that the
agency failed to assess all relevant factors. The agency considers, among any
other relevant factors, whether the applicant “would face other serious harm in
the place of suggested relocation; any ongoing civil strife within the country;
administrative, economic, or judicial infrastructure; geographical limitations; and
social and cultural constraints, such as age, gender, health, and social and familial
ties.” 8 C.F.R. §§ 1208.13(b)(3), 1208.16(b)(3). Aside from stating that these
issues are not mentioned, Lubana does not argue that a specific factor or
circumstance makes relocation unreasonable. Lubana’s lack of health issues, his
physical ability to perform construction work, and DHS’s evidence that there are
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Sikh communities in states outside Punjab all support the conclusion that internal
relocation is feasible. See Singh, 11 F.4th at 112–13.
The relocation finding is dispositive of asylum and withholding of removal.
8 C.F.R. §§ 1208.13(b)(1)(i)(B), 1208.16(b)(1)(i)(B). Lubana does not challenge the
denial of his CAT claim.
For the foregoing reasons, the petition for review is DENIED. All pending
motions and applications are DENIED and stays VACATED.
FOR THE COURT:
Catherine O’Hagan Wolfe,
Clerk of Court
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