Min Gurung v. Eric Holder, Jr., 587 F. App'x 834

Gurung, a Nepalese national, overstayed a U.S. nonimmigrant admission and conceded removability after being served a Notice to Appear.
He applied for asylum, withholding of removal, and CAT relief, claiming credible testimony of extortion, beating, and kidnapping by Maoists motivated by his involvement with the Nepali Congress.
Key factual chronology: returned from Malaysia → faced extortion demands; worked in Qatar from 2007 while extortion continued against family; visited Nepal Sept 2010, received demand letter; kidnapped and beaten Oct 4, 2010; left Nepal shortly after.
IJ found Gurung credible but denied asylum; BIA affirmed. Gurung sought review in this court.
On appeal, court found Gurung inadequately briefed most issues (waiver) and, alternatively, held the record did not compel finding political opinion was one central reason for persecution.

Issue	Gurung's Argument	Respondent's Argument	Held
Whether Gurung qualifies for asylum (nexus: political opinion/particular social group)	Harm he suffered (beating, kidnapping, extortion) was persecution motivated by his political activity/affiliation with Nepali Congress	Persecution was motivated by common extortion practices and targeting of returnees from abroad, not political opinion	Denied — petition waived for inadequate briefing; on merits record does not compel finding political opinion was one central reason
Whether withholding of removal and CAT relief were preserved/adequately briefed	Argued entitlement to withholding and CAT relief (in lower proceedings)	Respondent argued these issues were abandoned on appeal	Abandoned — Gurung failed to brief these claims, so waived
Whether petitioner adequately briefed the statutory "one central reason" nexus standard	Argued persecution met asylum elements and suggested group/political nexus	Failed to cite or apply REAL ID Act standard; cited pre-REAL ID cases only	Waived or inadequately briefed; court separately finds record insufficient to compel relief
Whether compelled factual reversal exists under substantial-evidence review	Argued record establishes nexus and compels reversal	BIA decision supported by record showing extortion common and tied to returnees, not politics	Denied — substantial evidence supports BIA; reversal not compelled

Sharma v. Holder, 729 F.3d 407 (5th Cir.) (standard of review and refugee eligibility framework)
Majd v. Gonzales, 446 F.3d 590 (5th Cir.) (substantial-evidence review articulated)
Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir.) (elements of refugee/asylum eligibility)
Shaikh v. Holder, 588 F.3d 861 (5th Cir.) (REAL ID Act "one central reason" nexus standard)
U.S. v. Skilling, 554 F.3d 529 (5th Cir.) (briefing requirements and inadequacy of briefs)
I.N.S. v. Elias-Zacarias, 502 U.S. 478 (Supreme Court) (refusal to join guerrillas not necessarily political opinion basis)
Yohey v. Collins, 985 F.2d 222 (5th Cir.) (failure to brief issues on appeal constitutes waiver)