Burmaa Chogsom v. Eric H. Holder Jr.

Good Law
499 F. App'x 704
United States Court of Appeals for the Ninth CircuitNovember 30, 201208-71756California341 words

Opinion

Opinion

MEMORANDUM

Petitioner Burmaa Chogsom petitions for review of a BIA decision denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We reject her arguments and deny her petition for review.

We review factual findings underlying the BIA’s denial of asylum, withholding of removal, and relief under the Convention Against Torture for substantial evidence. Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007). Chogsom claims that she was persecuted in Mongolia because of her membership in the Mongolian Democratic Party and because she was a descendent of Mongolian nobility. However, reviewing the record as a whole, substantial evidence supports the BIA’s conclusion that Chog-som’s political opinions and social group were not a central reason for any mistreatment she may have suffered. Parussimo-va v. Mukasey, 555 F.3d 734, 741 (9th Cir.2009). Since Chogsom cannot meet her burden of proof for asylum, she necessarily cannot qualify for withholding of removal. Kumar v. Gonzales, 439 F.3d 520, 525 (9th Cir.2006).

Chogsom claims she is entitled to relief under the Convention Against Torture…

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