Bidya Pradhan v. Eric H. Holder Jr.

MEMORANDUM

Bidya Sagar Pradhan petitions for review from the Board of Immigration Appeals’ denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We grant the petition in part, deny it in part, and remand for further proceedings. Because the parties are familiar with the history of this case, we need not recount it here.

Substantial evidence does not support the determination of the immigration judge (IJ) that Pradhan’s political opinion was not a “central reason” for his persecution. See 8 U.S.C. § 1158 (b)(l)(B)(i). Though the IJ stated that the Maoists never referenced Pradhan’s political affiliation, Pradhan testified that a Maoist leader told him the Maoists targeted Pradhan “since you are a businessman and you are that Nepali Congress supporter....” In light of this direct evidence of his persecutors’ motives, which the IJ did not address, and other evidence in the record, any reasonable factfinder would conclude that Pradhan’s political opinion was one central reason for his persecution. Pradhan’s testimony demonstrates the Maoists would not have targeted Pradhan but for his political opinion, which satisfies…