Avalos-Escalante v. Holder , 360 F. App'x 823 ( 2009 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                          DEC 28 2009
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                    U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    ANA GLORIA AVALOS-ESCALANTE,                      No. 08-70488
    Petitioner,                        Agency No. A098-432-311
    v.
    MEMORANDUM *
    ERIC H. HOLDER Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted December 15, 2009 **
    Before:         GOODWIN, WALLACE and FISHER, Circuit Judges.
    Ana Gloria Avalos-Escalante, a native and citizen of El Salvador, petitions
    pro se for review of a Board of Immigration Appeals order dismissing her appeal
    from an immigration judge’s decision denying her application for asylum,
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    MVD/Inventory
    withholding of removal and protection under the Convention Against Torture
    (CAT). We have jurisdiction under 
    8 U.S.C. § 1252
    . We review factual findings
    for substantial evidence, Santos-Lemus v. Mukasey, 
    542 F.3d 738
    , 742 (9th Cir.
    2008), and deny the petition for review.
    Substantial evidence supports the Board’s denial of asylum and withholding
    of removal because Avalos-Escalante failed to show her alleged persecutors
    threatened her on account of a protected ground. Her fear of future persecution
    based on an actual or imputed anti-gang or anti-crime opinion is not on account of
    the protected ground of either membership in a particular social group or political
    opinion. See Ramos Barrios v. Holder, 
    581 F.3d 849
    , 854-56 (9th Cir. 2009);
    Santos-Lemus at 745-46; see Ochave v. INS, 
    254 F.3d 859
    , 865 (9th Cir. 2001)
    (“Asylum generally is not available to victims of civil strife, unless they are singled
    out on account of a protected ground.”)
    Substantial evidence also supports the Board’s denial of CAT relief based on
    the Board’s finding that Avalos-Escalante did not establish a likelihood of torture
    by, at the instigation of, or with the consent or acquiescence of the El Salvadoran
    government. See Arteaga v. Mukasey, 
    511 F.3d 940
    , 948-49 (9th Cir. 2007).
    PETITION FOR REVIEW DENIED.
    MVD/Inventory                              2                                    08-70488
    

Document Info

Docket Number: 08-70488

Citation Numbers: 360 F. App'x 823

Judges: Goodwin, Wallace, Fisher

Filed Date: 12/28/2009

Precedential Status: Non-Precedential

Modified Date: 10/19/2024