Umesh Thapa v. Eric Holder, Jr.

MEMORANDUM

Umesh Thapa petitions for review of the Board of Immigration Appeals’ decision denying asylum, withholding of removal, and protection under the Convention Against Torture. We deny his petition.

Substantial evidence supported the BIA’s determination that Thapa was ineligible for asylum because he had firmly resettled in Ecuador prior to arriving in the United States. In Ecuador, Thapa received a category VI “indefinite” visa, worked for almost three years, and rented a room.

Substantial evidence also supported the BIA’s conclusion that Thapa was ineligible for withholding of removal. Thapa’s refusal to participate in the Maoists’ strike in Nepal did not compel a conclusion that there was a nexus between the Maoists’ actions and Thapa’s actual or imputed political opinions. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Further, the reports of unrest and violence in Nepal did not compel a finding that Thapa more likely than not will be persecuted on account of his political opinion if forced to return to Nepal.

Finally, substantial evidence supported the BIA’s conclusion that Thapa is ineligible for protection under the…