Homnath Subedi v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-2986 _____________ HOMNATH SUBEDI, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of an Order of the United States Department of Justice Board of Immigration Appeals (A209-429-561) Immigration Judge: Honorable Walter A. Durling _______________ Submitted Under Third Circuit LAR 34.1(a) April 26, 2018 Before: JORDAN, BIBAS, and SCIRICA, Circuit Judges (Opinion Filed: May 2, 2018) _______________ OPINION _______________  This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. JORDAN, Circuit Judge. Homnath Subedi petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his request for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We will deny the petition. I. Background1 Subedi is a native and citizen of Nepal who entered the United States illegally. He fled Nepal because of his fear that a political group known as the Maoists might harm him. Around 2001 or 2002, when he was twelve years old and living in his hometown of Myagdi, Maoists killed his mother. She had been a member of a rival political group called the Nepali Congress Party (“NCP”). He remembers that Maoists asked his mother for help and, after she refused, they beat her so badly that she died the next day. For more than a decade after that incident, however, he did not experience any problems with Maoists. Years later, in 2013 and still in Myagdi, Subedi attended a meeting of the NCP. At some point during his four- to five-hour journey home through the jungle afterwards, several Maoists stopped him and beat him with bamboo sticks. The attack left him with bruises and a broken tooth. He apparently fainted during the encounter, and, when he awoke, he slowly continued to walk home and recovered there rather than going to the hospital to seek medical treatment. 1 The facts in this case are drawn from the administrative record developed before the agency. 2 Subedi next encountered Maoists when “Constituent Assembly elections” were held in November 2013. (J.A. at 222.) According to his account, on his way to the school where the polling station was located, Maoists detained him, locked him in a school bathroom, and prevented him from voting. Subedi testified that he was locked up alongside one of his friends for six hours, that his hands and legs were tied, and that the Maoists said “we know what happened to your mother[.]” (J.A. at 63.) After the incident, they instructed Subedi to join their political party within one month’s time. Following that second incident, Subedi moved to Kathmandu, the capital of Nepal. He lived in a hotel where he found work for four to five months. He got married and continued working at the hotel for several more months, but he returned home to Myagdi for a short time to take school exams. During the brief period he ...

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