Acharya v. Holder, No. 11-4362 (2d Cir. 2014)Annotate this Case
Petitioner, a citizen and native of Nepal, seeks review of the BIA's dismissal of his appeal from an oral decision of the IJ denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that the IJ applied an incorrect and overly stringent legal standard in evaluating petitioner's claim of political persecution where petitioner may satisfy his burden for establishing eligibility of asylum by demonstrating that a statutorily protected ground, such as political opinion, was or will be at least one central reason for persecuting the applicant. The IJ erred when it determined that petitioner failed to show that political persecution was "the central reason" for his persecution by the Nepali Maoists. The court granted the petition for review and remanded for further proceedings. The pending motion for stay of removal was denied as moot.