Monday, September 21, 2009

Indian national's withholding of removal

Patel v. Holder, No. 08-3067 (09/16/09) withholding of removal; lack of jurisdiction, India

Patel v. Holder (Wood)
Oral Argument | Full Text

Petition for review of BIA's denial of Indian national's application for withholding of removal is denied and dismissed in part where: 1) petitioner's request for continuance is dismissed for lack of jurisdiction and in the alternative denied for lack of merit; 2) BIA's finding that petitioner did not have a well-founded fear of persecution was supported by reasonable, substantial, and probable evidence; and 3) petitioner's claim of ineffective assistance of counsel is dismissed for lack of jurisdiction. Record contained sufficient evidence to support IJ's denial of alien's application for withholding of removal based on past persecution where alien testified that physical attacks that occurred in native country were motivated by business reasons, as opposed to his religion or political activities.

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