Jigar Patel v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-2664 _____________ JIGAR RAJESH KUMAR PATEL, aka Darrell Gilliam, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ____________ On Petition for Review of an Order of the Board of the Immigration Appeals (Agency No. A206 907 928) Immigration Judge: Kuyomars Q. Golparvar ____________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 13, 2018 Before: CHAGARES, VANASKIE, Circuit Judges, and BOLTON, District Judge ∗. (Filed: May 3, 2018) ____________ OPINION 1 ____________ ∗ The Honorable Susan R. Bolton, Senior United States District Judge for the District of Arizona, sitting by designation. 1 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. BOLTON, District Judge. Jigar Rajesh Kumar Patel (“Patel”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We will deny the petition. I Patel is a native and citizen of India. He came to the United States on a student visa in 2008. He returned to India in 2011 to get married and complete a visa application. On January 5, 2012, Patel re-entered on an H-1B visa and got a job as a pharmacy technician. On July 25, 2013, federal officers arrested Patel and four colleagues for fraud. United States Citizenship and Immigration Services revoked Patel’s visa on April 2, 2014. He pled guilty and was sentenced to 13 months’ imprisonment on January 15, 2015. After serving 11 months, Patel was released into U.S. Immigration and Customs Enforcement custody. His conviction was vacated on March 8, 2017. The Department of Homeland Security (“DHS”) initiated removal proceedings on December 14, 2015. DHS charged two grounds for removability: (1) conviction of a crime involving moral turpitude within five years of admission and (2) remaining in the United States beyond the time permitted after admission as a non-immigrant. Patel conceded removability on both grounds. He filed applications for asylum, withholding of 2 removal, and CAT protection on April 25, 2016. A hearing was held on December 12, 2016. Patel is a Hindu and supporter of the Indian Congress Party (“ICP”). The Bharatiya Janata Party (“BJP”) is currently in power in India and is hostile toward Muslims. Patel testified about four instances of persecution by BJP members and police—three while Patel was still in high school. First, when he was volunteering at an ICP-led effort to help earthquake victims in 2001, police beat Patel, took him to jail, and discouraged him from helping Muslims. Second, after a train attack in 2002, the government blamed Muslims. After riots broke out in Patel’s hometown, a Muslim friend named Sarfarosh asked for help. Patel invited Sarfarosh and his mother to hide in his home. Individuals in BJP apparel came to Patel’s house that evening and accused Patel of harboring the family ...

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