Shakti Bhatia v. Eric H. Holder Jr.

Good Law
444 F. App'x 219
United States Court of Appeals for the Ninth CircuitJuly 21, 201108-71843California300 words

Opinion

Opinion

MEMORANDUM

Shakti Bhatia and Randeep Sander, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Petitioners testified to receiving threats from some of Sander’s family members because of their interfaith marriage, and to an incident in which they, were stopped by Sikhs who demanded Bhatia become Sikh, join their group and move to Punjab, or that he and Sander separate. Even if petitioners were credible, and their asylum application was timely, substantial evidence supports the agency’s finding that petitioners failed to demonstrate they were or will be harmed by forces the government of India is unwilling or unable to control. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Accordingly, petitioners’ asylum claim fails.

Because petitioners failed to…

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