Norma Hernandez-Castillo v. Eric H. Holder Jr

U.S. Court of Appeals for the Ninth Circuit
Norma Hernandez-Castillo v. Eric H. Holder Jr, 357 F. App'x 108 (9th Cir. 2009)
Alarcón, Trott, Tashima

Norma Hernandez-Castillo v. Eric H. Holder Jr

Opinion

MEMORANDUM **

Patricia Jeaneth Arevalo-Contreras, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of her 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, Santos-Lemus v. Mukasey, *109 542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for review.

The record does not compel reversal of the IJ’s conclusion that petitioner failed to establish that the harm she suffered at the hands of gang members in El Salvador was on account of a protected ground. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009) (concluding that resistance to gang activity is not a particular social group for the purpose of establishing nexus to a protected ground); Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir. 2001) (personal retribution is not persecution on account of a protected ground). Accordingly, petitioner’s asylum, withholding of removal, and CAT claims fail.

Contrary to petitioner’s allegation, the BIA did not issue a streamlined decision, and the BIA’s decision did not constitute a due process violation. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir. 2003). In addition, petitioner requests voluntary departure for the first time in this petition for review, but this court lacks authority to provide such relief. See 8 U.S.C. § 1229c(a)(1); 8 C.F.R. § 1240.26.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Patricia Jeaneth AREVALO-CONTRERAS, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished