Norma Silva-Garcia v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NORMA SILVA-GARCIA, a.k.a. Priya No. 08-71997
Chuwdry,
Agency No. A077-318-938
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Norma Silva-Garcia, a native and citizen of Mexico, 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 protection 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 factual
findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny
the petition for review.
Silva-Garcia contends that Muslims are persecuted in Mexico and that she
has a well-founded fear of persecution due to her conversion to Islam, her marriage
to a Muslim, and her use of a head covering. Substantial evidence supports the
agency’s determination that Silva-Garcia failed to establish a well-founded fear of
persecution because she failed to establish an objective basis for fearing harm in
Mexico. See Cuadras v. INS, 910 F.2d 567, 571 (9th Cir. 1990); Wakkary v.
Holder, 558 F.3d 1049, 1060-62 (9th Cir. 2009) (record did not compel a finding
of a pattern or practice of persecution). Accordingly, we reject her asylum claim.
Because Silva-Garcia failed to meet the lower standard of proof for asylum,
her claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at
1190.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Silva-Garcia failed to establish it is more likely than not she would be
tortured if removed to Mexico. See Wakkary v. Holder, 558 F.3d 1049, 1067-68
(9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 08-71997