Dhakal v. Sessions

Dhakal, a member of the Nepali Congress political party, which is targeted by the Maoist party, worked with the U.S. Agency for International Development. In 2012, he received a letter from the Maoists, ordering him to cease his activities. Weeks later, four men stopped him, told him that the Maoist party had sent them, beat him and smashed his motorbike, saying “next time, he will be finished.” A ranger discovered Dhakal. A newspaper reported the attack. Dhakal continued his activities and received more threats In 2013, Dhakal arrived in the U.S. after the University of Rhode Island invited him to participate in a course in nonviolent conflict resolution. Maoists went to his home and threatened his wife, who fled with their children. Dhakal sought asylum. While Dhakal’s application remained pending, Nepal suffered an earthquake and was designated for Temporary Protected Status (TPS), so that its eligible nationals would not be removed and could receive employment authorization. Dhakal' TPS was twice extended. Dhakal is in lawful status and manages a Wisconsin gas station. In 2016, an asylum officer found Dhakal not credible and that Dhakal had not shown a reasonable possibility of future persecution. A final denial letter stated that, because of Dhakal’s TPS status, his asylum application would not be referred for adjudication in removal proceedings. Dhakal filed suit under the Administrative Procedures and Declaratory Judgment Acts, arguing that he has exhausted all administrative remedies presently available. The Seventh Circuit affirmed dismissal. The challenged decision is not a final agency action so Dhakal is not entitled to relief under the APA. The statutory scheme for adjudication of asylum claims must be allowed to take its course. View "Dhakal v. Sessions" on Justia Law