Tilija v. Attorney General United States

Tilija was active in the Nepali Congress Party (NCP), the political rival of the Maoists. While campaigning for the NCP, Maoists attacked him, throwing stones at his face, resulting in stitches. Maoists told Tilija’s father that they planned to kill Tilija. Discharged from the hospital, Tilija stayed at a hotel instead of going home, then moved four hours away. Maoists called him three times, stating that they would kill him when they found him. Tilija moved to Kathmandu. Maoists called and again threatened him. Tilija stopped using his cell phone. According to Tilija, the police did not investigate crimes committed by Maoists. Tilija left Nepal. In the U.S., charged removable (8 U.S.C. 1182(a)(7)(i)(I)), Tilija sought asylum, withholding of removal, and protection under the Convention Against Torture. The IJ denied relief, finding that Tilija was credible, adequately corroborated his claim, and was targeted for his political opinion but that the harm did not rise to the level of persecution and that Tilija did not establish that the government was unable or unwilling to protect him. Before the BIA, Tilija presented new, previously unavailable, evidence that after his merits hearing his wife was assaulted and raped because of his political activities and NCP affiliation. Tilija’s wife submitted medical records and corroborating letters. The BIA upheld the denial of relief. The Third Circuit remanded, holding, as a matter of law, that the new evidence established a prima facie asylum claim. View "Tilija v. Attorney General United States" on Justia Law