Bindu Neupane v. Eric Holder, Jr.

MEMORANDUM

Bindu Neupane, a citizen and native of Nepal, petitions for review of the Board of Immigration Appeals’s (“BIA”) final order dismissing her appeal from an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny Neupane’s petition for review.

Substantial evidence supports the agency’s determination that Neupane did not demonstrate past persecution or a well-founded fear of future persecution on account of a protected ground. See 8 U.S.C. § 1101 (a)(42)(A); INS v. Elias-Zacarias, 502 U.S. 478, 481-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Despite any anti-Maoist political opinion Neupane might hold, the record does not compel the conclusion that she was or will be persecuted by the Maoists on account of her political opinion or any other protected ground. Accordingly, Neupane has failed to establish eligibility for asylum. See Elias-Zacarias, 502 U.S. at 482-83 , 112 S.Ct. 812 . Having failed to establish eligibility for asylum, Neupane necessarily fails to meet the more stringent requirements for withholding of removal.…