Radiowala v. Attorney General United States, No. 18-3480 (3d Cir. 2019)
Annotate this CaseRadiowala entered the United States on a visitor’s visa in 1998, with his wife and two children, fleeing a noted Indian gangster. Following a 2017 vehicle stop, he was charged as removable because he was present in the U.S. without having been admitted or paroled. Radiowala sought cancellation of removal (8 U.S.C. 1229b(b)(1)), asylum (8 U.S.C. 1158(b)(1)(A)), and protection under the Convention Against Torture. He testified that he started out supporting a family of four on $300 a week and eventually developed a lucrative business. He is the sole provider for his mother in India, his wife and two children who emigrated with him, and two more children, both U.S. citizens. His fourth child is in high school. The Immigration Judge denied relief. The Board of Immigration Appeals affirmed. Radiowala sought judicial review, citing his relatively non-existent criminal history and his role as the sole provider for his family. The Third Circuit denied his petition. The principal avenue for relief, cancellation of removal, is a ground on which the Board’s decision is largely unreviewable. Radiowala became ineligible for asylum more than 19 years ago and the proposed social groups of which he is a part are not legally cognizable. Substantial evidence supports the determination that he is unlikely to be tortured if returned to India.
The court issued a subsequent related opinion or order on July 31, 2019.
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