Olga Adriano-Figueroa v. ERIC H. HOLDER Jr., Attorney General

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).
KAD/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OLGA ADRIANO-FIGUEROA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73698
Agency No. A200-050-758
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Olga Adriano-Figueroa, a native and citizen of Honduras, petitions for
review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for asylum,
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KAD/Research 07-73698 2
withholding of removal, and protection under the Convention Against Torture
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review de novo
questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except
to the extent that deference is owed to the BIA’s determination of the governing
statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004).
We review factual findings for substantial evidence, Santos-Lemus v. Mukasey,
542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for review.
We reject Adriano-Figueroa’s claim that she is eligible for asylum and
withholding of removal based on her membership in a particular social group. See
Ochoa v. Gonzales, 406 F.3d 1166, 1170-72 (9th Cir. 2005); Santos-Lemus, 542
F.3d at 745-46. Accordingly, because Adriano-Figueroa failed to show she was
persecuted or fears persecution on a protected ground, we deny her petition as to
her asylum and withholding of removal claims. See Barrios v. Holder, 581 F.3d
849, 856 (9th Cir. 2009).
Substantial evidence also supports the BIA’s denial of CAT relief because
Adriano-Figueroa did not establish a likelihood of torture by, at the instigation of,
or with the consent or acquiescence of the Honduran government. See Arteaga v.
Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.

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