Mehla

Mehla v. U.S. Department of Homeland Security

Good Law
United States District Court, Southern District of CaliforniaDecember 5, 20193:19-cv-02245California3,740 words

Opinion

Trial Court Opinion

I. BACKGROUND

21 Petitioner is a native and citizen of India who is currently detained at the Otay Mesa 22 Detention Center. (Petition, Ex. B, ECF No. 1-4 at 3, 8). On June 22, 2019, Petitioner 23 entered the United States near the San Ysidro Port of Entry without inspection. Petitioner 24 was apprehended by the U.S. Border Patrol, transported to the Otay Mesa Detention Center, 25 and placed in expedited removal proceedings. After Petitioner expressed a fear of returning 26 to India because he converted from Hindu to Christianity, Petitioner was referred to a 27 USCIS asylum officer for a credible fear determination. 28 On August 21, 2019, the asylum officer interviewed Petitioner. The asylum officer determined that Petitioner “is found credible” but did not have a credible fear of persecution. (Id. at 13, 28). The asylum officer determined that “[a]lthough the applicant established a significant possibility of past persecution on account of his religion, there is substantial evidence that the applicant could internally relocate and that it would be reasonable for him to do so.” (Id. at 29). A supervisor approved the asylum officer’s 7 …

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