Mirna Hernandez-Escobar v. Eric Holder, Jr. , 514 F. App'x 701 ( 2013 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            APR 03 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    MIRNA HERNANDEZ-ESCOBAR,                         No. 11-71758
    Petitioner,                       Agency No. A200-050-679
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted March 12, 2013 **
    Before:        PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
    Mirna Hernandez-Escobar, a native and citizen of El Salvador, 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”).
    *
    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, Zehatye v. Gonzales, 
    453 F.3d 1182
    , 1184–85 (9th Cir. 2006), and
    we deny the petition for review.
    Hernandez-Escobar testified a neighbor, who was a member of an opposing
    political party, threatened her several times and assaulted her once. Substantial
    evidence supports the BIA’s finding that Hernandez-Escobar failed to establish the
    harm she suffered, even considered cumulatively, rose to the level of persecution.
    See Wakkary v. Holder, 
    558 F.3d 1049
    , 1059-60 (9th Cir. 2009) (petitioner’s
    account of being beaten and threatened by a mob did not compel a finding of past
    persecution). Nor does the evidence compel the conclusion that the “government
    was unable or unwilling to control” the individual harassing Hernandez-Escobar.
    Nahrvani v. Gonzales, 
    399 F.3d 1148
    , 1154 (9th Cir. 2005). Substantial evidence
    also supports the BIA’s finding that Hernandez-Escobar failed to establish a well-
    founded fear of future persecution. See 8 C.F.R. § 1208.13(b)(2)(ii). (“An
    applicant does not have a well-founded fear of persecution if the applicant could
    avoid persecution by relocating to another part of the applicant's country of
    nationality. . . .”). Therefore, Hernandez-Escobar’s asylum claim fails.
    2                                     11-71758
    Because Hernandez-Escobar has not established eligibility for asylum, she
    necessarily cannot meet the more stringent standard for withholding of removal.
    See 
    Zehatye, 453 F.3d at 1190
    .
    Finally, substantial evidence supports the agency’s denial of CAT relief
    because Hernandez-Escobar failed to establish that it is more likely than not she
    will be tortured if she returns to El Salvador. See 
    Wakkary, 558 F.3d at 1067-68
    .
    PETITION FOR REVIEW DENIED.
    3                                   11-71758
    

Document Info

Docket Number: 11-71758

Citation Numbers: 514 F. App'x 701

Judges: Fletcher, Pregerson, Reinhardt

Filed Date: 4/3/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023