Rodas-Escobar v. Gonzales
Rodas-Escobar v. Gonzales
Opinion of the Court
MEMORANDUM
Martina Ayde Rodas-Escobar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order affirming an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence the factual determination that a petitioner has failed to demonstrate eligibility for asylum, Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir. 2001), and review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny the petition for review.
Substantial evidence supports the agency’s determination that Rodas-Escobar failed to establish that she had been persecuted or that she had a well-founded fear of future persecution. Rodas-Escobar testified that her family had never been physically harmed by the guerillas, and that
Substantial evidence also supports the agency’s denial of Rodas-Escobar’s CAT claim because she failed to show that it was more likely than not that she would be tortured if she returned to El Salvador. See Kamalthas v. INS, 251 F.3d 1279, 1284 (9th Cir. 2001).
Rodas-Escobar’s contention that the IJ denied her a fair hearing by an impartial adjudicator is unpersuasive because she did not demonstrate that the IJ prevented her from reasonably presenting her case, or that the outcome of her case was affected. See Halaim v. INS, 358 F.3d 1128, 1136 (9th Cir. 2004) (petitioner must show prejudice to prevail on due process claim).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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