Lochin Naimdii v. Eric Holder, Jr.

MEMORANDUM

Lochin Naimdii and his family, natives and citizens of Mongolia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition for review.

Naimdii testified to one incident in Mongolia where the police kicked or pushed him in the back and detained him for one day. Substantial evidence supports the BIA’s finding that Naimdii did not establish past persecution based on this experience. See id. at 1020-1021 (concluding no past persecution where petitioner was detained for three days, interrogated, and struck with a rod ten times). In the absence of past persecution, Naimdii’s humanitarian asylum claim necessarily fails. See 8 C.F.R. § 1208.13 (b)(l)(iii). Further, substantial evidence supports the BIA’s finding that Naimdii failed to establish a well-founded fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018…