Garcia De Lazo v. Holder ( 2011 )

FILED
NOT FOR PUBLICATION APR 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARINA ALEJANDRA GARCIA DE No. 08-70787
LAZO,
Agency No. A095-697-119
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Marina Alejandra Garcia de Lazo, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s decision denying her application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
factual findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992), and we
review de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105,
1107 (9th Cir. 2003). We deny the petition for review.
Garcia de Lazo does not contend before this court that she suffered past
persecution. Substantial evidence supports the agency’s finding that Garcia de
Lazo failed to establish a well-founded fear of persecution because the extortion of
her father was not on account of a protected ground. See Elias-Zacarias, 502 U.S.
at 483; Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) (“The Real
ID Act requires that a protected ground represent ‘one central reason’ for an
asylum applicant’s persecution”). We do not consider Garcia de Lazo’s contention
that she is a member of a particular social group because she failed to raise that
distinct claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.
2004). Accordingly, Garcia de Lazo’s asylum claim fails.
Because Garcia de Lazo failed to meet the lower burden of proof for asylum,
it follows that she has not met the higher standard for withholding of removal. See
Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Garcia de Lazo failed to develop any argument regarding the agency’s denial
of CAT relief. Accordingly, she has waived the issue. See Martinez-Serrano v.
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INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are
deemed waived).
Garcia de Lazo has not demonstrated that her due process rights were
violated by the agency’s consideration of the country conditions report. See Lata
v. INS, 204 F.3d 1241, 1246 (9th Cir. 2006) (petitioner must show error and
prejudice to establish a due process violation); Gonzalez-Hernandez v. Ashcroft,
336 F.3d 995, 999 (9th Cir. 2003) (it is appropriate for the agency to determine
which portions of a country report are relevant).
PETITION FOR REVIEW DENIED.
3 08-70787