Thapaliya v. Holder, No. 13-1582 (1st Cir. 2014)
Annotate this CasePetitioner, a native of Nepal, was subject to removal proceedings. In 2010, Petitioner conceded removability and sought asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and, alternatively, voluntary departure. In support of his petition, Petitioner presented evidence to the immigration judge (IJ) that he suffered a single beating by a group of Maoists in 2003. The IJ denied the application for asylum, concluded that Petitioner also failed to establish a claim for either withholding of removal or protection under CAT, and granted his alternative request for voluntary departure. The Board of Immigration Appeals (BIA) affirmed, concluding that Petitioner’s claims did not establish past persecution and that he did not have a well-founded fear of future persecution. The First Circuit Court of Appeals affirmed the denial of asylum, holding that substantial evidence supported the Board’s conclusion that Petitioner did not establish past persecution and that he lacked a well-founded fear of future persecution.
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