Mahesh Budhathoki v. Merrick Garland

facts, we do not recount them here. We grant the petition for review and remand

for further proceedings.

Budhathoki alleged that he was a member of the Nepali Congress Party, and

that he was harmed on account of his political opinion by members of the Maoists

and the Young Communist League (“YCL”). Budhathoki testified that he

experienced two main incidents with members of the Maoists or the YCL. First, in

June 2006, Budhathoki was beaten by Maoists in the jungle until he became

unconscious. Second, in April 2008, on election day, YCL members threatened to

kill Budhathoki and put a gun to his head at a tea shop, but fled when police

officers entered the shop. Budhathoki testified that he did not report either incident

to government authorities because he believed that they would not be of any

assistance.

The BIA agreed with the IJ that, even if Budhathoki was credible, he failed

2 to establish past persecution. The BIA rested this determination on the sole ground

that Budhathoki failed to show that the past harm he suffered was inflicted by

either the Nepalese government or any group or individuals that the government

was unable or unwilling to control.1 See…