Milivia Ordonez-Lopez v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MILIVIA YOSANA ORDONEZ-LOPEZ, No. 09-73262
Petitioner, Agency No. A099-467-703
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Milivia Yosana Ordonez-Lopez, a native and citizen of Guatemala, petitions
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”).
*
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,
Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we deny the petition
for review.
Ordonez-Lopez contends she suffered harm from gang members during
several incidents on account of her Christian religious beliefs. Substantial
evidence supports the BIA’s finding that Ordonez-Lopez failed to establish the
required nexus to a protected ground because her religion was not “one central
reason” for the mistreatment she experienced. See Parussimova v. Mukasey, 555
F.3d 734, 740-41 (9th Cir. 2009). Accordingly, Ordonez-Lopez’s asylum and
withholding of removal claims fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th
Cir. 2009).
Substantial evidence supports the BIA’s denial of CAT relief because
Ordonez-Lopez failed to establish it is more likely than not she will be tortured
with the acquiescence of the Guatemalan government. See Wakkary, 558 F.3d at
1067-68.
PETITION FOR REVIEW DENIED.
2 09-73262