Krishna Gurung v. Eric Holder, Jr.

MEMORANDUM

Krishna Kumar Gurung, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review questions of law de novo and findings of fact for substantial evidence. Haile v. Holder, 658 F.3d 1122, 1125 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The record does not compel reversal of the agency’s denial of Gurung’s asylum claim because he did not establish past persecution or a well-founded fear of future persecution on account of his political beliefs; rather he was mistreated because the Maoists believed he had money that could be extracted. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747 (9th Cir.2008) (economic motivations do not constitute persecution on account of political opinion). Even if he proved past persecution and was entitled to a presumption of well-founded fear, there was substantial evidence to support the agency’s finding that the presumption had been rebutted by proof of changed…