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10-71946•Margalena Gerbacio-Gaspar, a.k.a. Margarita Morales-Cruz v. ERIC H. HOLDER, Jr., Attorney General
10-71946Court of Appeals for the Ninth CircuitDec 21, 2012
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NOT FOR PUBLICATION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
MARGALENA GERBACIO-GASPAR,
a.k.a. Margarita Morales-Cruz,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71946
Agency No. A099-581-009
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Margalena Gerbacio-Gaspar, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals order dismissing her appeal from an
immigration judge’s decision denying her application for withholding of removal.
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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10-71946 2
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and
we deny the petition for review.
Substantial evidence supports the agency’s finding that any harm Gerbacio-
Gaspar alleged or fears is not on account of a protected ground. See Zetino v.
Holder, 622 F.3d 1007, 1015-16 (9th Cir. 2010); 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, Gerbacio-Gaspar’s withholding of removal claim fails. See Zetino at
1015-16.
PETITION FOR REVIEW DENIED.
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