Wangdi Sherpa v. Holder

MEMORANDUM

Wangdi Sherpa and Kippa Sherpa, natives and citizens of Nepal, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeals from an immigration judge’s decision denying their applications 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. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Petitioners contend they established past persecution based on incidents that occurred while Wangdi was working as a trekking guide, an incident in which people threatened his parents, and an incident that occurred at petitioners’ restaurant. Substantial evidence supports the BIA’s finding that petitioners failed to establish a nexus to a protected ground with regard to the trekking incidents and the threat to Wangdi’s parents, see 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”), and its finding that…