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Padwal v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 18, 2012
483 F. App'x 352 (9th Cir. 2012)

Opinion

No. 10-71730 Agency No. A097-592-359

09-18-2012

SURINDER SINGH PADWAL, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Surinder Singh Padwal, a native and citizen of India, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), and we deny the petition for review.

Padwal testified to problems he had after refusing the bribery attempts of influential members of a Hindu political party. The agency found that sweeping changes have occurred in India, including the elections of 2004, and that Padwal failed to establish a reasonable fear of future harm which has a nexus to a protected ground. The record does not compel a contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992) (to reverse the agency's finding "we must find that the evidence not only supports that conclusion, but compels it"); see also 8 C.F.R. § 1208.13(b)(1)(i)(A). Because this finding is dispositive, we do not reach Padwal's remaining contentions. Accordingly, Padwal's asylum and withholding of removal claims fail. See Sowe v. Mukasey, 538 F.3d 1281, 1288 (9th Cir. 2008).

Finally, Padwal fails to raise any substantive challenge to the denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not addressed in the argument portion of a brief are deemed waived).

PETITION FOR REVIEW DENIED.


Summaries of

Padwal v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 18, 2012
483 F. App'x 352 (9th Cir. 2012)
Case details for

Padwal v. Holder

Case Details

Full title:SURINDER SINGH PADWAL, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 18, 2012

Citations

483 F. App'x 352 (9th Cir. 2012)