United States Fourth Circuit

An Indian citizen's petition for review of an order by the BIA denying his application for withholding of removal under both the Immigration and Nationality Act (INA) and under Article III of the Convention Against Torture (CAT) is denied where: 1) because substantial evidence supports petitioner's failure to establish a clear probability of persecution throughout India, the BIA's conclusion that he was not entitled to withholding of removal under the INA is not manifestly contrary to the law nor an abuse of discretion; 2) because substantial evidence supports the conclusion that petitioner is not more likely than not to face torture if removed to India, the IJ and the BIA did not err in finding him ineligible for withholding of removal under CAT; and 3) petitioner's due process claim fails because he cannot establish either a violation or prejudice.

Appellate Information

• Decided 11/05/2012
• Published 11/05/2012

Judges

• Duncan

Court

• United States Fourth Circuit

Counsel