Fernandes

MEMORANDUM *

Petitioner Cajetan Ferio Fernandes seeks review of a final order of removal issued by the Board of Immigration Appeals (“BIA”), which summarily affirmed a removal order issued by Immigration Judge (“IJ”) Michael W. Straus. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Fernandes, a native and citizen of India and a member of the Catholic church, seeks asylum under the Immigration and Nationality Act based on alleged persecution he suffered on account of his religious affiliation. During removal proceedings, Fernandes testified that, on three separate incidents, Hindu fundamentalists physically assaulted him, shot at him, and/or threatened to kill him unless he converted to Hinduism. The IJ found that Fernandes’s mistreatment does not rise to the level of persecution. The IJ further found that Fernandes could reasonably relocate to another part of India. For those reasons, the IJ concluded that Fernandes did not demonstrate past persecution or a well-founded fear of future persecution and, therefore, is not eligible for asylum.

We review for substantial evidence the factual determinations underlying a denial of asylum,…