The Ninth Circuit adopted the Board of Immigration Appeals' framework for evaluating asylum claims based on whistleblowing. The court must evaluate (1) whether and to what extent the alien engaged in activities that could be perceived as expressions of anticorruption beliefs; (2) any direct or circumstantial evidence that the alleged persecutor was motivated by the alien’s perceived or actual anticorruption beliefs; and (3) evidence regarding the pervasiveness of government corruption, as well as whether there are direct ties between the corrupt elements and higher level officials. However, the court determined that the applicant failed to present evidence that his purported persecutors were motivated by his anticorruption beliefs, or that the corruption was even connected to government actors.
The full text of Lkhagvasuren v. Lynch can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/13/13-71778.pdf