U.S. Court of Appeals for the Ninth Circuit, 2011

Yaquelina Janneth MacHado v. Eric H. Holder Jr.

Yaquelina Janneth MacHado v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 3, 2011 · Rymer, Thomas, Paez
430 F. App'x 610

Yaquelina Janneth MacHado v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Yaquelina Janneth Machado-Torrez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, *611 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the agency’s determination that, even if Machado-Torrez’s testimony were credible and she established past persecution, the government established by a preponderance of evidence that Machado-Torrez could reasonably relocate within Honduras. See 8 C.F.R. § 1208.16(b)(l)(i)(B), (b)(l)(ii); see also Knezevic v. Ashcroft, 367 F.3d 1206, 1214-15 (9th Cir. 2004) (presumption of future persecution can be rebutted by showing that under all the circumstances the applicant could reasonably be expected to relocate). Accordingly, Machado-Torrez’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED.

**

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

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