FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 19, 2021 _________________________________ Christopher M. Wolpert Clerk of Court SHER B. CHHETRI, Petitioner, v. No. 19-9502 (Petition for Review) JEFFREY A. ROSEN, Acting United States Attorney General, * Respondent. _________________________________ ORDER AND JUDGMENT ** _________________________________ Before PHILLIPS, McHUGH, and EID, Circuit Judges. _________________________________ Sher B. Chhetri, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his applications for asylum, restriction on removal, and protection under the Convention Against Torture (CAT). We deny the petition for review. * On December 24, 2020, Jeffrey A. Rosen became Acting Attorney General of the United States. Consequently, he has been substituted for William P. Barr as Respondent. See Fed. R. App. P. 43(c)(2). ** After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I Mr. Chhetri entered the United States on August 14, 2015. At an initial interview, an immigration official determined he had a credible fear of returning to Nepal and issued him a Notice to Appear (NTA) before an immigration judge (IJ). The NTA charged Mr. Chhetri with attempting to enter the U.S. without valid entry documents. See 8 U.S.C. § 1182(a)(7)(A)(i)(I). Mr. Chhetri conceded the charge but applied for asylum, restriction on removal, and CAT protection based on his political opinion. Before the IJ, Mr. Chhetri testified that he was an active member of the Nepali Congress Party (NCP) for ten years. He stated that he attended NCP meetings, oversaw its programs, assisted with its campaign efforts, and spoke about its development initiatives. He testified, however, that he received several threats from the opposition Maoist Party. The first threat was from an anonymous caller who instructed Mr. Chhetri’s father to tell him to join the Maoists. After the call, Mr. Chhetri left home and stayed with a friend. When he returned the next day, his father told him the Maoists had come to their home wearing scarves on their faces, looking for him. Mr. Chhetri became afraid, so he moved to Kathmandu, where he thought he would be more secure. But in Kathmandu, Mr. Chhetri received a second threat from another anonymous caller. This caller told him the Maoists had repeatedly instructed both him and his father to join the Maoist party, but they insisted on supporting the NCP. The caller said when the Maoists found him, they would kill him. Mr. Chhetri changed his telephone number but doing so did not stop the threats. Mr. ...
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