Vanya Onions v. Eric Holder, Jr.

Case: 10-60038 Document: 00511399143 Page: 1 Date Filed: 03/02/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 2, 2011
No. 10-60038
Lyle W. Cayce
Clerk
VANYA ADELIA ONIONS,
Petitioner,
versus
ERIC H. HOLDER, JR., U.S. Attorney General,
Respondent.
Petition for Review of an Order of
the Board of Immigration Appeals
No. A 095 321 122
Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Vanya Onions, a native and citizen of Malawi, petitions for review of a de-
cision of the Board of Immigration Appeals (“BIA”) denying her protection under
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-60038 Document: 00511399143 Page: 2 Date Filed: 03/02/2011
No. 10-60038
the Convention Against Torture (“CAT”). Onions asserted that she would be
forced to undergo female genital mutilation, a ritual of her grandparents’ tribe,
if she returned to Malawi.
An immigration judge (“IJ”) denied Onions’s claim, and the BIA affirmed,
because she failed to demonstrate that it is more likely than not that she would
be tortured if she returned to Malawi and that Malawi officials would acquiesce
in the torture. See 8 C.F.R. § 208.16(b). The IJ and BIA noted that Onions had
never been tortured, and there was no credible evidence that anyone had ever
threatened her with genital mutilation. Further, Onions failed to show that she
would be forced to return to her grandparents’ tribe and that she could not relo-
cate to a safer part of Malawi.
Onions has failed to present any legal authority or facts to dispute the
findings of the BIA or to demonstrate that the record compels a reversal. See
Zhang v. Gonzales, 432 F.3d 339, 344-45 (5th Cir. 2005). Accordingly, the peti-
tion is DENIED. Because Onions only sought protection under the CAT, we ad-
dress only that claim and do not comment on any other asylum claim she might
have brought.
2