Carmen Maradiaga v. ERIC H. HOLDER, Jr., Attorney General

08-70174Court of Appeals for the Ninth Circuit20.01.2011

Gesamter Gesetzestext

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARMEN MARADIAGA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70174
Agency No. A094-330-197
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Carmen Maradiaga, a native and citizen of Honduras, 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 protection under the Convention Against Torture (“CAT”). We have
FILED
JAN 20 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70174 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Santos-
Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for
review.
Maradiaga fails to challenge the agency’s dispositive determination that her
asylum application was time-barred, and she also does not challenge the denial of
her CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.
1996) (issues that are not addressed in the argument portion of a brief are deemed
waived). Accordingly, we deny the petition as to these claims.
Maradiaga testified that after gang members beat her mother, she spoke out
by going to a local television station, and that she subsequently received death
threats. The agency found Maradiaga failed to demonstrate a clear probability of
persecution on account of any of the statutorily protected grounds. Substantial
evidence supports the agency’s finding. See Sangha v. INS, 103 F.3d 1482, 1490-
91 (9th Cir. 1997); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.
2009) (“[t]he REAL ID Act requires that a protected ground represent ‘one central
reason’ for an asylum applicant’s persecution”). Accordingly, Maradiaga’s
withholding of removal claim fails. See Barrios v. Holder, 581 F.3d 849, 856 (9th
Cir. 2009).
PETITION FOR REVIEW DENIED.

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