UTTAM PANDEY, ESQ. Uttam Pandey, Esq. is serving clients through Chhetry & Associates, as an Associate from March 2021. He is licensed to practice law in New York on April 2019. Prior to this, Attorney Pandey practiced law in Bhurtel Law Firm PLLC, Jackson Heights, New York since his entrance into the New York State Bar. He is a member of New York State Bar Association. Attorney Pandey completed LL.M. from St. John’s University School of Law, Queens, New York. He also completed LL.M. from Kathmandu School of Law, Purbanchal University, Nepal in which he bagged Gold Medal by being a top scorer in Examinations. He has also completed Masters in Public Administration (MPA) from Tribhuvan University, Nepal. His basic Law Graduation was from Nepal Law Campus, Tribhuvan University after completion of the Degree of Bachelor of Laws (B.L.) Mr. Pandey was also licensed as an Advocate from Supreme Court of Nepal. He then competed in Police Service Examinations for the position of Police Inspector, succeeded and was commissioned as a Senior Police Officer in Nepal Police where he served until June 2013, for 18+ years. Mr. Pandey has also served UN Peace Mission for more than two years in Timor-Leste as an UNPOL Officer. During his tenure, having legal background, he mostly worked in legal and investigations responsibilities. After coming into USA, he successfully pursued the legal education, passed NY Bar Exam and is licensed as an Attorney-at-Law.

1. UPDATED AFFIDAVIT OF MR. SURYA BAHADUR GURUNG IN SUPPORT OF
FROM I-589, APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF
REMOVAL
A 201-122-172
1. My name is Surya Bahadur GURUNG. I am a citizen and native of Nepal. I was born at
Armala VDC Ward No. 7 of Kaski district of Nepal on January 31, 1962 from father Mr.
Ambar Bahadur Gurung and mother Chij Kumari Gurung. I was married to Ms. Kamala
Kumari Gurung on May 25, 1988. I have two sons Sagar and Sangam.
2. I was born to a middle-class farmer’s family. My father is a community leader and local
politician of Nepali Congress, a democratic political party of Nepal. I got the opportunity
to go to school because of my father while other Gurung youths were going for foreign
army services. After completing my High School, I started teaching at Annapurna Lower
Secondary School since February 20, 1983. I also became member of Nepali Congress
party (NC) because of my father’s political influence on me. I became active in politics
by involving in parliamentary election campaign of Mr. Mahadeb Gurung, who was NC
Candidate for the election of Member of Parliament of Nepal in 1991 from Kaski district,
Constituency No. 3. My father was NC candidate of Vice-President for the Office of
Armala Village Development Committee in 1993. I worked as Coordinator of my father’s
election campaign. My father’s main opposition was communist party but my father won
the election. After my father won the election, I became more active in local politics
through NC besides my teacher profession. Teachers are one of the major classes of
Nepali politics who plays significant role in Nepal because of their reputation and direct
involvement in the community.

2. There was a mid-term election of parliament in 1994. I was actively involved in that
election. I work for the election campaign of Mr. Krishna Bahadur Gurung who was NC
candidate from Kaski district, Constituency No. 3. Mr. Gurung won the election.
3. Communist Party of Nepal (Maoist) started a bloody civil war in Nepal from February
13, 1996 with the aim of overthrowing the Nepalese monarchy and establishing the
“Communist Republic of Nepal.” Situation became much tensed because of these
terrorist communist. There were more than 17,000 people were dead, thousands of people
disappeared and forcefully displaced. These Maoists also targeted to school teachers
because teachers were very important part of society in rural Nepal. Maoist came to
schools, they asked for extortion money. Teachers were physically tortured, threatened
and killed. Maoist also forcefully recruited young children and students to their
communist army and militia.
4. Maoist also came to the school where I was a teacher. They asked me extortion money
for their war. But I always believed that giving money or supporting those terrorist was
always a crime. I never believed in their so-called people’s war where they were killing
innocent people. I believed in democracy and peaceful politics. I was also member of NC
party which will never allow me to support those communist. I always opposed Maoist’s
extortion from teachers and forceful recruitment of students in their militia.
5. There was a Peace Agreement between Maoist and the government of Nepal on
November 21, 2006. After the peace agreement, people were hoping that there will be
peace in the country. But because of the Maoists, there is no peace and security. Maoists
are still continuing their extortion and killing people from other party and whoever
opposed them.

3. 6. There was an election for the Constitutional Assembly was scheduled on April 10, 2008.
I was actively involved in the election campaign of NC party.
7. Around the 1st
week of February, 2008, a group of 8-10 YCL (Young Communist
League-sister organization of the Communist Party of Nepal (Maoist), came to our
school. They gathered all school teachers and demanded money to raise the fund for
upcoming election. I strongly opposed this and told them that this is extortion. I also
told them that they cannot extort money from teachers because there is already a peace
agreement in the country. One of them told to another guy who looked like their leader,
“This is son of Mr. Ambar Bahadur Gurung, who was vice-president of the village and
currently local leader of Nepali Congress. This guy Surya Gurung is also member of
Nepali Congress and he has been working against our party since long time.” He stared
me dangerously and said, “we will be back soon to this school and we need 10% of salary
of every teacher.” And they left. There was teacher’s meeting after they left. I hardly
convinced to teachers that no one will give any money to the Maoist.
8. On February 15, 2008, I was kidnapped by a group of Maoist from my school. They took
me to their camp. They slapped me twice and asked me, “Why you are denying
supporting our party. Because you and your father are member of Nepali Congress party.
You are also encouraging to other teachers not to support our party.” I politely told them
that everybody has right to exercise their own political opinions. I also told them that I
am a school teacher and I don’t like Maoist party extorting money from teachers. One of
them punched on my face and I started bleeding from my nose. He grabbed my jacket
and told me, “Look, teacher, you are working against our party. You are also doing
politics of Nepali Congress in your school. If you don’t quit your teaching and Nepali

4. Congress party as soon as possible, you will be killed. You know how we killed other
teachers who opposed us. Your faith will be the same.” He further said, “If we see you
next time in the school, we will kill you on the same moment.”
9. Even after the Maoist threats, I did not quit teaching. Because teaching was the only way
to feed my family. I also did not give any money to Maoist. I was also working in my
community to support NC candidate Ms. Sharada Poudel in the election.
10. On the evening of March 11, 2008, around 7 pm, I was at my house. An armed group of
five people (three male and two female) came to my house. They pointed guns to my
wife and children and threatened to kill them if they say anything to anyone. They said
that they want to talk to me and asked me to go with them. They tied both of my hands to
backside of my body. They took me about 15 minutes walk towards the jungle from my
house. They had a radio set with them and I think they were talking to their commander
about my kidnapping and they were asking what to do. I was very sacred and I thought
that something bad going to happen with me. About 15 minutes of walking, the group
kidnapped me transferred to another group and they left. The new group asked me some
questions and told me that they have orders to murder me. I became very nervous. All I
was thinking about my wife and small children. I was forced to walk with new group
about an hour. They brought me in a small house. Inside the house there was deem light
and they presented me in front of their commander. Commander asked me, ‘do you have
a desire to live or not?” I was shaking in fear. He said, “Look, we don’t wanted to kill
you but due to your activities against our party, we kidnapped you.” He further said, “We
have been warning you about your activities in the past. You have been working against
in school. You have denied supporting us and you have also encouraged other people to

5. work against us. We also told you not to work for Nepali Congress for the upcoming
election of the Constitutional Assembly. I requested him not to kill me. But he told me,
“This is the order of people’s court and can’t be changed.” He further told me, “we have
new militia group is coming tomorrow, we will decide tomorrow about you. For now you
go and help for cleaning.” There was one guy who was looking my every movement. He
gave me a bag full of their cloths and asked me to wash in nearby stream. I went to the
stream to wash their cloths and the guy was following me. Meanwhile, someone called
him on the radio set. He told me, “don’t do anything stupid, start washing clothes, I will
be back in a minute.” I was so confused what to do. I thought that it’s the better moment
to run away from there. If I stay there they can do anything to me. I throw out the bag
they gave me. I crossed the stream and started running. After one hour of running, I
reached to Dandagaun, which is a small village. I met some villagers and reached to my
house with their help.
11. I wanted to report this incident to the police. But I decided not to report because police
was unable to protect people like us anyway. There was also fear of more threats to my
family members if I report to the police.
12. Due to the fear of Maoist, I left my village in the same night and went to the Pokhara city
which I thought will be little bit safer for me.
13. On March 28, 2008, YCL Cadres of Maoist attacked to my house looking for me. They
slapped my wife and asked about me. They threatened my wife that if they did not fine
me they will kidnap her. Because of Maoist fear my wife also left the village and came to
the Pokhara city with me.

6. 14. Election of Constitutional Assembly was held on April 10, 2008. Nepali Congress
candidate Ms. Sharada Poudel lost the election and Maoist candidate Mr. Raj Bahadur
Gurung won the election. Because of this, there were more threats from the Maoist. I left
Pokhara on April 24, and I went to Kathmandu, capital city of Nepal.
15. Even after coming to Kathmandu, I was very scared. Because Maoist formed new
government in their leadership. They established many YCL barracks even in
Kathmandu. YCL was kidnapping, beating, extorting money and killing their opponents
like me. Maoist left the government after 9 months but they remained most powerful
political group in the country.
16. On May 16, 2009, I received a phone call from an YCL cadre. He threatened me that I
cannot escape from them and they will find me very soon and kill me. I was scared to
death. I decided to leave my country for my safety. I paid $12,000.00 to a broker and he
arranged me to travel from Nepal to the United States.
17. On or about August 29, 2009, I left Nepal and travelled to Thailand, Singapore, Panama,
Mexico and entered to the United States on January 15, 2010 at some unknown place
near San Antonio, Texas.
18. Maoists have been blocking the peace process in Nepal and recently they have threatened
to start new war. I am afraid that Maoist will retaliate against people like me. Recently,
Maoist formed a new coalition government in my home country Nepal with other hard-
liner communist and I am more afraid from the Maoist party. Communist Party of Nepal
(Maoist), also known as Unified Communist Party of Nepal (Maoist) controls the
government of Nepal. Maoist leader Mr. Krishna Bahadur Mahara is the home minister
who runs the security system of Nepal.

7. 19. This is not my desire to illegally cross the U.S. Boarder and I do not want to stay here
illegally. But my life was in danger from those terrorist Maoists and their sister
organization YCL. If I have to go back to Nepal, Maoist will kill me and I am afraid to go
back. I am also worried about the safety of my wife and children.
20. After coming to the U.S., I came to know about asylum through my friends. I request to
grant my Asylum application and I believe that I and my family will get opportunity to
live safely and peacefully in this great country.
I swear under penalty of perjury that this Affidavit is true and complete to the best of my
knowledge. This Affidavit was read back to me in Nepali and I understand contents of this
Affidavit.
Thank you.
Sincerely yours,
………………………………..
Surya Bahadur Gurung
94-50 43 Avenue, #2
Queens, NY 11373
Date: June 15, 2011.
Sworn and Subscribed before me on June 15, 2011