Filed: May 19, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION MAY 19 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NADESH KUMOR RALLEY, No. 10-73153 Petitioner, Agency No. A098-177-010 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2014** San Francisco, California Before: RIPPLE,*** SILVERMAN, and GOULD, Circuit Judges. Nadesh Ralley, a native and citizen of India, peti
Summary: FILED NOT FOR PUBLICATION MAY 19 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NADESH KUMOR RALLEY, No. 10-73153 Petitioner, Agency No. A098-177-010 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2014** San Francisco, California Before: RIPPLE,*** SILVERMAN, and GOULD, Circuit Judges. Nadesh Ralley, a native and citizen of India, petit..
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FILED
NOT FOR PUBLICATION MAY 19 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NADESH KUMOR RALLEY, No. 10-73153
Petitioner, Agency No. A098-177-010
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2014**
San Francisco, California
Before: RIPPLE,*** SILVERMAN, and GOULD, Circuit Judges.
Nadesh Ralley, a native and citizen of India, petitions for review of a Board
of Immigration Appeals final order of removal. We have jurisdiction pursuant to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Kenneth F. Ripple, Senior Circuit Judge for the U.S.
Court of Appeals for the Seventh Circuit, sitting by designation.
8 U.S.C. § 1252. We review for substantial evidence and grant the petition only if
the record compels a result contrary to the Board’s. Parussimova v. Mukasey,
555
F.3d 734, 738-39 (9th Cir. 2008).
Substantial evidence supports the Board’s denial of asylum and its ruling
that Ralley failed to establish that imputed political opinion was one central reason
for his mistreatment by police.
Id. at 740-41 (the petitioner must establish that a
protected ground is one central reason for the police’s interest in him); Dinu v.
Ashcroft,
372 F.3d 1041, 1044 (9th Cir. 2004) (the presumption of imputed
political opinion arises if petitioner establishes “that the purported criminal
investigation had no bona fide objective, so that political persecution must have
been the real the reason for” the investigation). The agency’s finding that police
arrested and questioned Ralley because they believed that he had business
information about suspected terrorists who were customers of the public pay phone
business operated by Ralley and his father is supported by Ralley’s own testimony.
The police told Ralley that his two customers were suspected terrorists and
repeatedly asked Ralley to identify the names and phone numbers called by the
customers and their associates. The abuse started when Ralley denied knowledge
of the men under investigation and ended when Ralley agreed to tell police
whatever they wanted to know. The agency’s finding that Ralley was mistreated in
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furtherance of a legitimate police investigation into militants is supported by
substantial evidence. The record does not compel a conclusion that police imputed
the political opinion of Ralley’s business customers to Ralley.
Because Ralley failed to establish eligibility for asylum, it follows that he
failed to satisfy the more stringent standard for withholding of removal. See
Dinu,
372 F.3d at 1045.
Nor does the record compel the conclusion that Ralley would more likely
than not be tortured by officials if removed to India. His father had no further
problems with the police in the years after he turned over the business phone
records. This was a one-time incident.
PETITION FOR REVIEW DENIED.
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