Hari Tamang v. Eric Holder, Jr.

MEMORANDUM

This petition challenges a final order of removal issued by the Board of Immigra tion Appeals (“BIA”), affirming an immigration judge’s denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We deny Tamang’s petition because he did not establish that one of the central reasons for his claimed fear of persecution was a protected ground, nor that he would more likely than not be tortured were he to be removed to Nepal.

To prevail on an asylum claim, a petitioner must show a nexus between fear of persecution and one of the five protected grounds. Regalado-Escobar v. Holder, 717 F.3d 724, 728 (9th Cir.2013). The BIA correctly determined that Tamang failed to establish such a nexus because “reasonable, substantial and probative evidence,” I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), supports the conclusion that the Maoists’ recruitment and subsequent reprisal was motivated not by Tamang’s political opinion or status as a former military officer, but rather by their interest in utilizing his training and experience, something Tamang himself confirmed: “[t]he only reason…