Moran-Alvarez v. Garland ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 23 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVELYN NINETH MORAN-ALVAREZ, No. 22-716
Agency No.
Petitioner, A209-234-395
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 15, 2023**
Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.
Evelyn Nineth Moran-Alvarez, a native and citizen of Guatemala, 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 applications
for asylum, withholding of removal, and protection under the Convention Against
*
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).
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947
F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review.
Because Moran-Alvarez does not contest the BIA’s determination that she
failed to the challenge the IJ’s finding that she did not experience harm rising to
the level of persecution, we do not address it. See Lopez-Vasquez v. Holder, 706
F.3d 1072, 1079-80 (9th Cir. 2013). Substantial evidence supports the agency’s
conclusion that Moran-Alvarez failed to establish a reasonable possibility of future
persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility
of future persecution “too speculative”). Because Moran-Alvarez failed to
establish eligibility for asylum, she failed to establish eligibility for withholding of
removal. See Villegas Sanchez v. Garland, 990 F.3d 1173, 1183 (9th Cir. 2021).
Thus, Moran-Alvarez’s asylum and withholding of removal claims fail.
Substantial evidence also supports the agency’s denial of CAT protection
because Moran-Alvarez failed to show it is more likely than not she will be
tortured by or with the consent or acquiescence of the government if returned to
Guatemala. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also
Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of
torture).
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Moran-Alvarez’s request for remand based on the IJ’s citation to Matter of
A-B-, 27 I. & N. Dec. 316 (AG 2018) is denied. See Park v. Garland, 72 F.4th
965, 979 (9th Cir. 2023) (“Where the BIA conducts a de novo review, any error
committed by the IJ will be rendered harmless by the BIA’s application of the
correct legal standard”) (citation and internal quotation marks omitted).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.
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