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Neupane v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 871 (9th Cir. 2012)

Opinion

No. 10-72613 Agency No. A099-359-249

10-15-2012

SHUSHIL NEUPANE, 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NOT FOR PUBLICATION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: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Shushil Neupane, a native and citizen of Nepal, 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 protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the agency's finding that Neupane failed to establish that he was or will be targeted by Maoists on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 (1992) (even if the petitioner holds a political opinion, he still must establish targeting because of that political opinion); Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) ("[t]he Real ID Act requires that a protected ground represent 'one central reason' for an asylum applicant's persecution"). In the absence of a nexus to a protected ground, Neupane's asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir. 2005).

Finally, substantial evidence supports the agency's denial of CAT relief because Neupane failed to show it is more likely than not he will be tortured if returned to Nepal. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (claim of possible torture speculative).

PETITION FOR REVIEW DENIED.


Summaries of

Neupane v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 871 (9th Cir. 2012)
Case details for

Neupane v. Holder

Case Details

Full title:SHUSHIL NEUPANE, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 871 (9th Cir. 2012)