Sin Tjhin v. Eric Holder, Jr.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT AUG 14 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

SIN MUI TJHIN, No. 10-72337

Petitioner, Agency No. A097-369-290

v.

ORDER

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

Before: WARDLAW and FISHER, Circuit Judges, and DAWSON, District Judge.*

The memorandum disposition filed June 5, 2014, is amended as follows.

After the first full paragraph on page 2, insert the following new paragraph:

Because the BIA’s decision rested on its conclusion that the harm suffered by Tjhin did not rise to the level of persecution, there was no need for the BIA to address her argument regarding the nexus of her harm to a protected ground. See Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir. 2010) (“An applicant alleging past persecution has the burden of establishing that (1) [her] treatment rises to the level of persecution, (2) the persecution was on account of one or more protected grounds; and (3) the persecution was committed by the government, or by forces that the government…