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 2022-05

Xiomara Ortiz Landaverde v. Merrick Garland ( 2022 )


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  •                               NOT FOR PUBLICATION                        FILED
UNITED STATES COURT OF APPEALS                       MAY 27 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIOMARA JEANMILLETTE ORTIZ                      No.    19-72918
LANDAVERDE,
Agency No. A215-815-766
Petitioner,
v.                                             MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 17, 2022**
Before:      CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Xiomara Jeanmillette Ortiz Landaverde, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decision denying her
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
application for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”).
Our jurisdiction is governed by
    8 U.S.C. § 1252
    . We review for substantial
evidence the agency’s factual findings. Zehatye v. Gonzales,
    453 F.3d 1182
    , 1184-
85 (9th Cir. 2006). We deny the petition for review in part and dismiss it in part.
Substantial evidence supports the agency’s conclusion that Ortiz Landaverde
failed to establish that she would be persecuted on account of a protected ground.
See Zetino v. Holder,
    622 F.3d 1007
    , 1016 (9th Cir. 2010) (an applicant’s “desire
to be free from harassment by criminals motivated by theft or random violence by
gang members bears no nexus to a protected ground”). Thus, her asylum and
withholding of removal claims fail. Because this aspect of the agency’s
determination is dispositive, we do not reach Ortiz Landaverde’s remaining
contentions concerning those claims.
We lack jurisdiction to consider the contentions in Ortiz Landaverde’s brief
regarding CAT protection because she did not exhaust them in the agency. Barron
v. Ashcroft,
    358 F.3d 674
    , 677-78 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2                                   19-72918