Asha Tamang v. Eric Holder, Jr.

MEMORANDUM

Asha Tamang, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from the immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Tamang testified Maoists threatened, kidnapped, and beat her after she refused to give them money or join them. Substantial evidence supports the agency’s conclusion that Tamang failed to establish past persecution or a well-founded fear of persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481, n. 1 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Tamang’s claim for humanitarian asylum necessarily fails because she did not establish past persecution. See 8 C.F.R. § 1208.13 (b)(l)(iii).…