Submitted April 14, 2016 [*] San Francisco, California
Petition for Review of an Order of the Board of Immigration
Appeals Agency No. A200-990-746
Jeremiah Johnson, Johnson & McDermed, LLP, San Francisco,
California, for Petitioner.
F. Delery, Assistant Attorney General; Kiley Kane, Senior
Litigation Counsel; Jeffrey R. Meyer, Attorney; Office of
Immigration Litigation, United States Department of Justice,
Washington, D.C.; for Respondent.
Before: J. Clifford Wallace, Mary M. Schroeder, and Alex
Kozinski, Circuit Judges.
panel denied a petition for review brought by a Mongolian
citizen who sought asylum and other relief from removal based
on his actions whistleblowing corruption by a privately-owned
panel adopted the three-factor framework of Matter of
N–M–, 25 I. & N. Dec. 526 (BIA 2011), to
determine whether retaliation for whistleblowing amounts to
persecution on account of a political opinion: (1) whether
and to what extent the alien engaged in activities that could
be perceived as expressions of anticorruption beliefs; (2)
any direct or circumstantial evidence that the alleged
persecutor was motivated by the alien's perceived or
actual anticorruption beliefs; and (3) evidence regarding the
pervasiveness of government corruption, as well as whether
there are direct ties between the corrupt elements and higher
that framework, the panel held that substantial evidence
supported the Board's conclusion that petitioner failed
to present evidence that his purported persecutors were
motivated by his anticorruption beliefs, or that the
corruption was connected to government actors.
panel held that petitioner also failed to establish a
sufficient likelihood of torture.
Otgonbayar Lkhagvasuren petitions for review of the Board of
Immigration Appeals' (Board) decision to deny his
applications for asylum, withholding of removal, and deferral
of removal under the Convention Against Torture (CAT). We
have jurisdiction pursuant to 8 U.S.C. § 1252(a)(1). We
review the Board's factual determinations for substantial
evidence and deny the petition.
is a native and citizen of Mongolia who entered the United
States with a visitor's visa in 2010 and subsequently
applied for asylum. In Mongolia he was employed by an
alcoholic-beverage company that he believed was engaged in
corrupt activities, was subsequently fired from his job,
joined a non-governmental consumer activist group, and later
publicly voiced objections to the company's business
practices. Lkhagvasuren asserts that his whistleblowing