Maikelyn Matos Rivero v. Robert Wilkinson ( 2021 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                        JAN 22 2021
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MAIKELYN MATOS RIVERO,                           No.   20-71219
    Petitioner,                      Agency No. A203-600-042
    v.
    MEMORANDUM*
    ROBERT M. WILKINSON, Acting
    Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted January 20, 2021**
    Before:      McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
    Maikelyn Matos Rivero, a native and citizen of Cuba, petitions pro se for
    review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
    from an immigration judge’s (“IJ”) 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 Ninth Circuit Rule 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
    the agency’s factual findings. Zehatye v. Gonzales, 
    453 F.3d 1182
    , 1184-85 (9th
    Cir. 2006). We deny the petition for review.
    Substantial evidence supports the agency’s determination that the harm
    Matos Rivero experienced did not rise to the level of persecution. See Duran-
    Rodriguez v. Barr, 
    918 F.3d 1025
    , 1028-29 (9th Cir. 2019) (record did not compel
    finding that harm rises to the level of persecution where perpetrators took no
    violent actions against the petitioner or his family beyond threats); Nagoulko v.
    INS, 
    333 F.3d 1012
    , 1016-17 (9th Cir. 2003) (petitioner did not experience harm
    that rises to the level of persecution where she was fired but not prevented from
    obtaining other employment); Al-Saher v. INS, 
    268 F.3d 1143
    , 1146 (9th Cir 2001)
    (five to six days of detention without physical harm did not rise to the level of
    persecution). Substantial evidence also supports the conclusion that Matos Rivero
    did not establish a well-founded fear of future persecution. See Gu v. Gonzales,
    
    454 F.3d 1014
    , 1022 (9th Cir. 2006) (petitioner failed to present “compelling,
    objective evidence demonstrating a well-founded fear of persecution”). Thus,
    Matos Rivero’s asylum claim fails.
    Because Matos Rivero failed to establish eligibility for asylum, in this case,
    she did not establish eligibility for withholding of removal. See Zehatye, 
    453 F.3d at 1190
    .
    2                                      20-71219
    Substantial evidence supports the agency’s denial of Matos Rivero’s CAT
    claim because she did not establish that it is more likely than not she would be
    tortured by or with the consent or acquiescence of the government if she returned
    to Cuba. See Zheng v. Holder, 
    644 F.3d 829
    , 835-36 (9th Cir. 2011) (claims of
    possible torture speculative).
    We reject as unsupported by the record Matos Rivero’s contention that the
    BIA failed to consider evidence.
    In her opening brief, Matos Rivero does not challenge the BIA’s
    determination that the IJ did not violate her right to due process where the record
    showed she was able to fully present her case and did not show IJ bias or that
    Matos Rivero was denied the assistance of counsel. See Lopez-Vasquez v. Holder,
    
    706 F.3d 1072
    , 1079-80 (9th Cir. 2013) (issues not specifically raised and argued
    in a party’s opening brief are waived).
    The temporary stay of removal remains in place until issuance of the
    mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise
    denied.
    PETITION FOR REVIEW DENIED.
    3                                   20-71219