Case: 17-15100 Date Filed: 07/03/2019 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15100 Non-Argument Calendar ________________________ Agency No. A209-153-249 KESHAV BAHADUR MALLA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (July 3, 2019) Before ROSENBAUM, JILL PRYOR and JULIE CARNES, Circuit Judges. PER CURIAM: Keshav Malla seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigration Judge’s (“IJ”) denial of his applications for Case: 17-15100 Date Filed: 07/03/2019 Page: 2 of 12 asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Malla contends that the IJ erred in concluding that he failed to prove that the government of Nepal is unable or unwilling to protect him from persecution— therefore making him eligible for asylum. Malla also argues that he met the standard for withholding of removal because it is more likely than not that he will suffer persecution if he returns to Nepal. Finally, he argues that if returned to Nepal, he is more likely than not to be tortured by or with the consent of a public official and qualifies for relief under the CAT. We deny Malla’s petition because we agree with the BIA that substantial evidence supports the IJ’s determination that Malla failed to show the government of Nepal is unable or unwilling to protect him. We also agree that Malla has not satisfied the standard for withholding of removal. Finally, we agree with the BIA that Malla is not entitled to CAT relief. We thus deny Malla’s petition for review. I. Malla, a Nepalese citizen, was a member of the Nepali Congress Party (“NCP”). In that capacity, he prepared and distributed pamphlets, organized meetings, canvassed for NCP candidates, and spoke out against the Maoist party. 2 Case: 17-15100 Date Filed: 07/03/2019 Page: 3 of 12 Malla received a letter from the Maoist party demanding that he leave the NCP, support the Maoists, and pay the Maoists—and threatening him with physical violence if he did not comply. Malla was afraid, but he continued working with the NCP. Soon after, when Malla was on his way home from an NCP meeting, four Maoists stopped him in the road. They asked Malla whether he would comply with the demands in their letter. Malla refused. The four men beat him, hitting his face with their fists and a stick. They continued until he was bleeding, then one man commanded another to shoot him. Malla capitulated, said that he would comply with the Maoists’ demands, and asked for more time. The Maoists gave Malla five days to comply and said they would kill him if he did not comply. They detained him all night, releasing him in the morning. Malla feared for his life. In the morning, villagers took Malla to a hospital, where he filed a police ...
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