BIA's Denial of Asylum Claim Vacated

Karki v. Holder, 2013 WL 1799994 (4/30/13) (Published) - The 10th vacates the BIA's denial of asylum because the BIA's factual determination that Maoists in Nepal persecuted the alien for money or recruitment rather than for his political opinion was not supported by the evidence. The BIA also erred in finding there was no persecution because there was no physical harm. The threat of death, attempted murder [the alien was the intended target of a lethal car bombing; at the last minute he didn't ride in the car] and seizure of rice fields, constitute persecution, even though the alien wasn't physically harmed. And the BIA was wrong to find the alien hadn't proven Nepalese officials would acquiesce in the alien's torture by Maoists. The alien did not have to show the officials knew about the danger to the alien in particular.