Viktoria Trantcheva v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Viktoria Iankova Trantcheva and her husband, Mirtcho Mihaylov Trantchev (collectively “Petitioners”), natives and citi zens of Bulgaria, seek review of a final order of the Board of Immigration Appeals (“the Board”) holding them removable and ineligible for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition for review.
Petitioners correctly contend their case is governed by our pre-REAL ID Act decision in Borja v. INS, 175 F.3d 732, 736-37 (9th Cir.1999) (en banc), superseded by statute as stated in Parussimova v. Mukasey, 555 F.3d 734, 739-40 (9th Cir.2009). Borja recognizes persecutors often have “mixed motives” for their actions and permits applicants to establish eligibility for asylum so long as they can show their persecution “was motivated, at least in part, by an actual or implied protected ground” enumerated in the statutory definition, 8 U.S.C. § 1101 (a)(42)(A) (2012). Id. at 736 (quoting Matter of T-M-B-, 21 I. & N. Dec. 775, 777 (BIA 1997)); see also Grava v. INS, 205 F.3d 1177 , 1181 n. 3 (9th Cir.2000) (persecution victims no “less deserving of asylum” when persecutor’s motives are mixed).