Rosa Garcia Zana v. Eric Holder, Jr. , 412 F. App'x 934 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSA MARGARITA GARCIA ZANA, No. 09-72641
Petitioner, Agency No. A073-124-819
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges
Rosa Margarita Garcia Zana, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
the 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 the
agency’s factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.
2008), and deny the petition for review.
Substantial evidence supports the BIA’s finding that “no incidents” of
persecution occurred to Garcia Zana in El Salvador. See Nagoulko v. INS, 333
F.3d 1012, 1016 (9th Cir. 2003); see also Wakkary v. Holder, 558 F.3d 1049, 1060
(9th Cir. 2009) (no past persecution where harm to friends was not a part of “a
pattern of persecution closely tied to” petitioner) (internal citation and quotation
omitted). Substantial evidence also supports the BIA’s finding that Garcia Zana
failed to establish that she will be targeted on account of a protected ground. See
INS v. Elias-Zacarias, 502 U.S. 478, 482-84 (2002); Santos-Lemus, 542 F.3d at
745-46.
Because Garcia Zana failed to establish her eligibility for asylum, she
necessarily fails to meet the higher standard of eligibility for withholding of
removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Garcia Zana failed to establish it is more likely than not she will be
tortured by or with the acquiescence of a government official if returned to El
Salvador. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
09-72641
PETITION FOR REVIEW DENIED.
09-72641