9th Circ. Orders BIA Review Of Nepalese Man's Asylum Denial

By Grace Dixon (May 13, 2022, 6:47 PM EDT) — The Ninth Circuit revived a Nepalese man’s bid for asylum and withholding of removal after finding the Board of Immigration Appeals discounted reports of the Nepali government’s lack of interest in stopping violence inflicted by a major political party.

A three-judge panel ruled unanimously that the BIA must revisit an earlier finding that Mahesh Budhathoki failed to show that two violent attacks on him by the Maoists and its youth wing, the Young Communist League, were beyond the government’s ability or willingness to control.

“A 2007 report from the U.S. Department of State, Bureau of Democracy, Human Rights, and Labor…’shows that,…