Ronak Patel v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 20-2947 _____________ RONAK KUMAR PATEL, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (A205-704-818) Immigration Judge: Alberto J. Riefkohl ______________ Submitted Under Third Circuit. L.A.R. 34.1(a) May 27, 2021 ______________ Before: GREENAWAY, JR., SHWARTZ, Circuit Judges, AND ROBRENO,* District Judge (Opinion Filed: September 10, 2021) * Honorable Eduardo C. Robreno, District Judge, United States District Court for the Eastern District of Pennsylvania, sitting by designation. ______________ OPINION* ______________ GREENAWAY, JR., Circuit Judge. Ronak Kumar Patel petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal and affirming a decision of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). For the reasons that follow, we will deny Patel’s petition for review. I. Background Patel is a citizen of India and is a Hindu. He fell in love with Karishma Mir, a Muslim woman. Their respective families did not approve of the relationship. Nevertheless, Mir and Patel continued their relationship for nine to ten months. In August 2012, Mir’s brother and others resorted to violence in an effort to force Patel to end his relationship with Mir. On two separate occasions, Mir’s brother physically attacked Patel at his workplace. During the first attack, Mir’s brother and others punched and kicked Patel until his employer and other shopkeepers intervened. The attackers threatened to kill Patel if he continued his relationship with Mir. Patel’s parents took him to the hospital after the attack. * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. 2 Twenty days after the first attack, Mir’s brother and his associates returned to Patel’s workplace. Mir’s brother attacked Patel with a hockey stick and his associates beat Patel. One attacker cut Patel with a knife under his eyes. Mir’s brother threatened to kill Patel. After the attack, Patel sought medical attention and required stitches on his face and left hand. Patel was hospitalized for three days and then spent fifteen days on bed rest. Friends and family counseled Patel to leave India. Fearing for his life, Patel fled India and made his way to the United States via Central America. Patel entered the United States on December 31, 2012, and the Department of Homeland Security (“DHS”) commenced removal proceedings against him on the same day by serving him with a Notice to Appear, charging him with removability under 8 U.S.C. § 1182(a)(6)(A)(i) as an alien present in the United States without being admitted or paroled. Patel conceded his removability1 and submitted an application for (1) asylum, (2) withholding of removal, and (3) protection under the CAT. In a written decision, the IJ found that Patel was credible but was nevertheless ineligible …

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