Binod Tiwari v. Eric Holder, Jr.

MEMORANDUM

Binod Kumar Tiwari, a. native and citizen of Nepal, petitions for review of a decision by the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Tiwari contends that the BIA erred in its determination that he failed to establish past persecution, a well-founded fear of future persecution, and entitlement to relief under the CAT. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.

Tiwari alleges that he left Nepal after a group of Maoist insurgents physically attacked him because he was a member of the police force and the National Democratic Party (NDP). The physical attack followed repeated threats and extortion demands from the Maoists. The BIA held that, although the actions of the Maoists were motivated by Tiwari’s anti-communist political opinion, the harms inflicted upon Tiwari did not rise to the level of persecution.

We review the BIA’s decision for substantial evidence. Camposeco-Montejo v. Ashcroft, 384 F.3d 814, 818 (9th Cir.2004). We may reverse the BIA’s decision only if the evidence compels the…