Naimidii Binderiya v. Eric H. Holder Jr.

383 F. App'x 606

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 10, 2010
• Docket: 08-71195
• Status: Unpublished

Opinion

MEMORANDUM ***

Naimidii Binderiya petitions for review of the denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) by the Board of Immigration Appeals (“BIA”).

Substantial evidence supports the BIA’s conclusion that Binderiya did not establish a well-founded fear of persecution. Bind-eriya experienced past harassment in Mongolia as a result of a lesbian relationship. Substantial evidence supports the conclusion that the harassment was not sufficiently severe to constitute persecution. Even assuming, for the purposes of argument, that the harassment Binderiya described was extreme enough to constitute persecution, Binderiya was targeted as a result of her relationship with a specific woman. The specific relationship that led to the harassment ended voluntarily some time ago, and the person with whom Bind-eriya was in that relationship is no longer in Mongolia. In light of these facts, substantial evidence in the record supports the conclusion that the harassment is unlikely to reoccur. The evidence in the record does not compel the finding that lesbians generally are subject to persecution in Mongolia.

Because the evidence is insufficient to establish a well-founded fear of persecution, it is also insufficient to establish the higher standards for withholding of removal and CAT relief.

Petition DENIED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.