Khosbayar Munkhbat v. Eric Holder, Jr.

MEMORANDUM

Khosbayar Munkhbat and Odontuyaa Dulamsuren, natives and citizens of Mongolia, petition for review of a BIA decision denying their applications for asylum and withholding of removal.

Substantial evidence supports the BIA and IJ’s determination that Munkhbat failed to establish changed circumstances sufficient to justify excusing the one-year asylum filing deadline. See 8 U.S.C. § 1158 (a)(2)(D); Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006). The record provides ample evidence that neither the election of Nyamjav Batbayar, Munkh-bat’s alleged attacker, to the Mongolian parliament nor the attack on Munkhbat’s relatives in Mongolia after they attempted to publicize Batbayar’s criminal conduct constitutes changed circumstances that would materially affect Munkhbat’s eligibility for asylum. See 8 C.F.R. § 1208.4 (a)(4)(i)(A)-(B); Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (holding that an alien’s report of a rape by a local political leader to the police, which may have led to the rape victim’s subsequent abduction, did not constitute persecution on account of an actual or implied political opinion). Therefore, it is irrelevant whether Munkhbat filed…