Appellate Court Rebukes AG Bondi's DOJ Over Nepal Asylum Case

Court rules evidence of threats against Nepali couple cannot be ignored

Published on Feb. 25, 2026

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The U.S. Court of Appeals for the First Circuit has overturned a long-standing deportation order against a Nepali couple, Niranjan and Gita Khanal, ruling that the government made a fundamental legal error by ignoring a 'mountain of paper evidence' suggesting they were targeted by Maoist guerrillas in Nepal due to Niranjan's political ties.

Why it matters

This case highlights the importance of immigration judges considering all relevant evidence, including documents, when evaluating asylum claims, rather than solely focusing on perceived inconsistencies in a petitioner's testimony. The appellate court's decision could set a precedent for how immigration authorities must evaluate asylum cases going forward.

The details

The Khanals had submitted a stack of documents, including letters from the Kathmandu police certifying Maoist threats, threatening notes from the Communist Party of Nepal (Maoists) demanding 'donations,' newspaper articles naming Niranjan as a man in hiding, and testimony from friends who backed up his story of political activism. However, the Board of Immigration Appeals (BIA) and an initial judge had previously denied the Khanals' asylum request, essentially calling Niranjan a liar because his dates didn't perfectly line up.

  • The Khanals' asylum case has been bouncing around the system for nearly two decades, since 2007.
  • The U.S. Court of Appeals for the First Circuit issued its ruling on February 19, 2026.

The players

Niranjan Khanal

A Nepali man who, along with his wife Gita, claimed they were targeted by Maoist guerrillas in Nepal due to Niranjan's political ties.

Gita Khanal

Niranjan Khanal's wife, who joined him in seeking asylum in the United States.

Pam Bondi

The U.S. Attorney General at the time, whose Department of Justice was rebuked by the appellate court for its handling of the Khanals' asylum case.

U.S. Court of Appeals for the First Circuit

The appellate court that overturned the long-standing deportation order against the Khanals, ruling that the government had made a fundamental legal error by ignoring relevant evidence.

Board of Immigration Appeals (BIA)

The immigration authority that had previously denied the Khanals' asylum request, a decision that was overturned by the appellate court.

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What’s next

The Board of Immigration Appeals (BIA) must now reopen the Khanals' asylum case and actually review the evidence they previously ignored.

The takeaway

This ruling highlights the importance of immigration authorities thoroughly considering all relevant evidence, including documents, when evaluating asylum claims, rather than solely focusing on perceived inconsistencies in a petitioner's testimony. The appellate court's decision could set a precedent for how immigration cases are handled going forward.