Naimidii Binderiya v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Michael W. Mosman, United States District Judge for***
District of Oregon sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAIMIDII BINDERIYA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-71195
Agency No. A096-149-800
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 2, 2010**
Seattle, Washington
Before: W. FLETCHER and RAWLINSON, Circuit Judges, and MOSMAN, ***
District Judge.
FILED
JUN 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
Naimdii 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. Binderiya 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 Binderiya 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.

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