PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 20-2091 ______________ ASHISH SUNUWAR, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A065-184-944) Immigration Judge: John B. Carle ____________ Submitted Under Third Circuit L.A.R. 34.1(a): January 26, 2021 Before: RESTREPO, BIBAS, and PORTER, Circuit Judges. (Filed: February 25, 2021) ____________ Anser Ahmad Ahmad & Associates 6888 Elm Street, Suite 101 McLean, VA 22101 Counsel for Petitioner Ashish Sunuwar Lindsay B. Glauner Imran R. Zaidi United States Department of Justice Office of Immigration Litigation P.O. Box 878, Ben Franklin Station Washington, DC 20044 Counsel for Respondent Attorney General United States of America ____________ OPINION OF THE COURT ____________ PORTER, Circuit Judge. Ashish Sunuwar immigrated to the United States from Nepal in 2017. On the night of July 2, 2018, he beat and stran- gled his wife, Rima Sunuwar.1 Sunuwar was ultimately con- victed of strangulation and contempt for violating a protection- from-abuse order. The Department of Homeland Security (“DHS”) initiated removal proceedings. 1 For clarity, references to “Sunuwar” refer to the petitioner, and references to “Rima” refer to the petitioner’s wife. 2 Sunuwar contested the DHS’s charges of removability and, as relief from removal, sought asylum, withholding of removal under the Immigration and Nationality Act (“INA”), and withholding and deferral of removal under the Convention Against Torture (“CAT”). Sunuwar did not prevail. The agency (1) determined that Sunuwar is deportable; (2) deter- mined that he committed a particularly serious crime that dis- qualifies him from all forms of relief except deferral of removal under the CAT; and (3) denied him deferral of removal under the CAT based on an adverse credibility finding. Sunuwar petitions for review, challenging these three aspects of the agency’s decision. We conclude that there was no error in the deportability and particularly serious crime determinations, and that the agency’s adverse credibility find- ing is supported by substantial evidence. So we will deny the petition. I A In 2017, Sunuwar was admitted to the United States as a lawful permanent resident based on a diversity visa. On July 3, 2018, he was arrested and charged with first-degree aggra- vated assault, first-degree strangulation, and terroristic threats in the Court of Common Pleas of Dauphin County, Pennsylvania. The criminal complaint included an affidavit of probable cause prepared by Officer Blake Iorio, who was dis- patched to the Sunuwar residence on the morning of the arrest. According to the affidavit of probable cause, Officer Iorio observed that Rima had multiple injuries, including a “swollen and completely bloodshot” eye, “multiple large 3 bruises on both her arms and knees,” additional “bruising around her neck,” and “scratch marks on her chin.” A.R. 405. Rima told Officer Iorio that Sunuwar continually beat her throughout the night with his fists and a wooden stick. At one point, Sunuwar dragged Rima from the living room to the bed- room, pushed her up against a wall and started ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals