FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 15, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court NITHIN RADHAKRISHNAN, Petitioner, v. No. 19-9534 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, McHUGH, and MORITZ, Circuit Judges. _________________________________ Nithin Radhakrishnan petitions for review of the Board of Immigration Appeals’ (BIA’s) decision affirming an Immigration Judge’s (IJ’s) decision to order Radhakrishnan’s removal from the United States to India and dismissing Radhakrishnan’s appeal. Exercising jurisdiction pursuant to 8 U.S.C. § 1252, we deny the petition for review. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I Radhakrishnan, who was born on July 28, 1990, is a native of the United Arab Emirates and a citizen of India. ROA at 9, 67. On September 1, 2016, Radhakrishnan was admitted to the United States as a non-immigrant/M1 vocational student, with authorization to stay in the United States until August 31, 2017. Id. According to Radhakrishnan, he attended a flight school in Centennial, Colorado, graduated in 2016, and began thereafter looking for work in the aviation industry. Id. at 9. At some point in 2018, Radhakrishnan married a United States citizen. Id. at 10. On July 30, 2018, Radhakrishnan pleaded guilty in Arapahoe County (Colorado) District Court on one count of theft in the amount of $750 to $2000, in violation of Colo. Rev. Stat. § 18-4-401(1), (2)(e). Id. at 67, 133. According to the record, Radhakrishnan “was involved in an organized retail theft scheme with six other subjects to return merchandise to . . . Home Depot and request refunds for merchandise that was never purchased.”1 Id. at 36. Radhakrishnan was sentenced to two years of probation, 100 hours of community service, and restitution in the amount of $11,716.84. Id. at 16, 67. On August 30, 2018, Radhakrishnan was detained by Department of Homeland Security (DHS) employees and informed that he had overstayed his visa. Id. at 16. 1 In his pleadings in this appeal, Radhakrishnan admits returning items to Home Depot on behalf of another person, but denies any knowing involvement in an organized retail theft scheme. 2 Shortly thereafter, DHS initiated a removal proceeding by filing with the Immigration Court a Notice to Appear (NTA) against Radhakrishnan. Id. at 34. The NTA alleged, in pertinent part, that Radhakrishnan was removable under Section 237(a)(1)(B) of the Immigration and Nationality Act. Id. Radhakrishnan had his initial appearance before the IJ on September 12, 2018. Id. ...
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