The Ninth Circuit has deferred to the Board of Immigration Appeals’ (Board) decision in Matter of N-M-, in which the Board developed a three-factor test for application for asylum based on whistleblowing activities. The three factors are: (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.
The full text of Singh v. Barr can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/27/15-73940.pdf