Shushil Neupane v. Eric Holder, Jr.

MEMORANDUM

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

Substantial evidence supports the agency’s finding that Neupane failed to establish that he was or will be targeted by Maoists on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (even if the petitioner holds a political opinion, he still must establish targeting because of that political opinion); 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”). In the absence of a nexus to a protected ground, Neupane’s asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406…