Roberta Tzib v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION OCT 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERTA TZIB, a.k.a. Maria de Jesus No. 08-75152
Paniagua Padilla,
Agency No. A099-629-783
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Roberta Tzib, a native and citizen of Belize, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) 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”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, INS v.
Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992), and we deny the petition for review.
Substantial evidence supports the BIA’s conclusion that, even if credible,
Tzib failed to establish her gang-affiliated nephew and his friends threatened her
on account of a protected ground. See Bolshakov v. INS, 133 F.3d 1279, 1280-81
(9th Cir. 1998) (criminal street gang activity does not establish persecution on
account of a protected ground); see also 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”).
Accordingly, we deny the petition as to Tzib’s asylum and withholding of removal
claims. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009).
Substantial evidence supports the agency’s denial of CAT relief because
Tzib failed to show it is more likely than not she would be tortured if returned to
Belize. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 08-75152