Dineshkumar Bhogil Patel v. U.S. Attorney General

Case: 18-14038 Date Filed: 10/09/2019 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14038 Non-Argument Calendar ________________________ Agency No. A073-639-392 DINESHKUMAR BHOGIL PATEL, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 9, 2019) Before PRYOR, JORDAN, and GRANT, Circuit Judges. PER CURIAM: Case: 18-14038 Date Filed: 10/09/2019 Page: 2 of 11 Dineshkumar Patel petitions for review of the Board of Immigration Appeals’ final order affirming the Immigration Judge’s denial of withholding of removal under the Immigration and Nationality Act (“INA”) and protection under the United Nations Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). The BIA held that the IJ did not err in denying Mr. Patel’s asylum based on inconsistent statements and adverse credibility. After review of the record and the parties’ briefs, we deny Mr. Patel’s petition. I Mr. Patel is a native and citizen of India. In 1993, when he was about 20 years old, Mr. Patel left India. He arrived in the United States on March 25, 1994. He submitted an application for asylum, claiming that the majority Hindu population of India wanted to “transform India into a pure Hindu State” and the government was not taking measures to deter their efforts to carry out ethnic cleansing. He said that his social work and vocal opposition of the “Hindu Sup[re]macy doctrine” caused him to be singled out, he was beaten and threatened with death, and his home was “attacked and ransacked.” An interview was scheduled, but Mr. Patel failed to appear or request to reschedule. The application was deemed abandoned and his file was closed. In 2015, Mr. Patel was arrested in Marion County, Florida, for several crimes, including the possession and sale of synthetic marijuana. He was convicted and 2 Case: 18-14038 Date Filed: 10/09/2019 Page: 3 of 11 sentenced to 18 months in prison. In 2017, the Department of Homeland Security began removal proceedings against Mr. Patel and filed a Notice to Appear, charging him with several violations of the INA. In October of 2017, Mr. Patel filed a new application for asylum, asking for withholding of removal under the INA and protection under the CAT. In support of the application, he stated that he and all his family members, all practicing Hindus, had been threatened with physical violence by members of Muslim groups in India. He also submitted several documents in support of the application: the India 2016 International Religious Report, three news articles, and the 2016 India Human Rights Report. 1 1 According to the Human Rights Report, police forces in India were overworked, underpaid, and subjected to political pressure, which contributed to corruption, including arbitrary arrest, torture, and forced confessions. In the 1990s, tens of thousands of Hindus fled the Kashmir Valley and other areas because of conflict and violent intimidation, including the destruction of houses of worship, sexual abuse, and ...

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