PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-3480 _____________ UBAIDULLAH ABDULRASHID RADIOWALA, a/k/a Obed Radiowala, a/k/a Obaid Radiowalla, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of a Decision of the United States Department of Justice Board of Immigration Appeals (A093-454-642) Immigration Judge: Virma A. Wright ______________ Submitted Under Third Circuit L.A.R. 34.1(a) June 27, 2019 Before: CHAGARES, GREENAWAY, JR. and GREENBERG, Circuit Judges. (Filed: July 22, 2019) ______________ OPINION _______________ Melvin R. Solomon, Esq. Parsekian & Solomon 140 Main Street Hackensack, NJ 07601 Counsel for Petitioner Rachel L. Browning, Esq. Jessica E. Burns, Esq. Maarja T. Luhtaru, Esq. Joesph H. Hunt, Esq. Keith I. McManus, Esq. United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Respondent GREENAWAY, JR., Circuit Judge. We are a nation of immigrants, and immigrant stories. And Ubaidullah Abdulrashid Radiowala’s story has the makings of a compelling one. He entered the United States on a visitor’s visa in April of 1998, with his wife and two children. He testified that he started out supporting a family of four on $300 a week, while living in a residence with two other families. His efforts over the course of the next two decades were met with relative success: he developed a lucrative 2 business that enabled him to remain the sole provider for his mother in India, his wife and two children who emigrated with him, and the two children he has had since, both of whom are United States citizens. For this group, he bears the entire financial burden on everything: from all household expenses to the rent and college tuition of three of his children. His fourth child is currently in high school. He was arrested during a traffic stop in 2017, and subsequently charged as removable. The Immigration Judge (“IJ”) presiding over his case denied his application for relief, determining that he was ineligible for cancellation of removal, asylum, withholding of removal, and relief under Article III of the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“the Board”) affirmed. Radiowala filed this petition for review, primarily asking that we consider his relatively non-existent criminal history and his role as the sole provider for his family. However, the principal avenue for doing so—cancellation of removal—is a ground on which the Board’s decision is largely unreviewable. None of the other avenues fit his case—Radiowala became ineligible for asylum over 19 years ago, the proposed social groups of which he is a part are not legally cognizable, and substantial evidence supports the Board’s determination that he is unlikely to be tortured if returned to India. We must therefore dismiss Radiowala’s petition in part, and deny it in part. I. Radiowala entered the United States over 20 years ago, in order to escape the reach of a notable Indian gangster by the name of Dawood Ibrahim. Radiowala was arrested during a 3 vehicle stop in ...
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