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08-73283•Norma Lobos v. ERIC H. HOLDER, Jr., Attorney General
08-73283Court of Appeals for the Ninth CircuitJul 29, 2010
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NOT FOR PUBLICATION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
NORMA LOBOS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73283
Agency No. A098-723-405
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Norma Lobos, a native and citizen of El Salvador, petitions for review of the
decision of the Board of Immigration Appeals (“BIA”) order dismissing her appeal
from an immigration judge’s denial of her applications for asylum, withholding of
removal and relief under the Convention Against Torture (“CAT”). We have
FILED
JUL 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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08-73283 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings. See Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We
deny the petition.
Lobos does not raise any challenge to the BIA’s determination that her
asylum application is time-barred. Accordingly, we deny the petition for review as
to Lobos’s asylum claim.
Substantial evidence supports the BIA’s finding that Lobos did not
demonstrate a clear probability of persecution because Lobos has not shown that
the harm her family suffered was on account of a protected ground. See INS v.
Elias-Zacarias, 502 U.S. 478, 481-82 (1992). Accordingly, we deny the petition
as to her withholding of removal claim. See id. at 744.
Substantial evidence also supports the agency’s conclusion that Lobos is not
eligible for CAT relief because she failed to show it is more likely than not she
would be tortured in El Salvador. See id. at 747-48.
PETITION FOR REVIEW DENIED.
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