Rosa Magdalena Morales- Garay v. ERIC H. HOLDER, Jr., Attorney General

11-71732Court of Appeals for the Ninth CircuitJun 30, 2014

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA MAGDALENA MORALES-
GARAY,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71732
Agency No. A094-896-180
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Rosa Magdalena Morales-Garay, a native and citizen of El Salvador,
petitions pro se for review of the Board of Immigration Appeals’ order dismissing
her appeal from an immigration judge’s decision denying her application for
asylum, withholding of removal, and protection under the Convention Against
FILED
JUN 30 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings, Molina-Morales v. INS, 237
F.3d 1048, 1050 (9th Cir. 2001), and we deny the petition for review.
Morales-Garay testified she was harassed, and on one occasion beaten, due
to a business conflict, and she had incidents with gang members who wanted
money from her. Substantial evidence supports the agency’s determination that
Morales-Garay failed to demonstrate past persecution or a well-founded fear of
future persecution on account of a protected ground. See Parussimova v. Mukasey,
555 F.3d 734, 740 (9th Cir. 2009) (under the REAL ID Act a protected ground
must be “one central reason” for an applicant’s fear of persecution); Molina-
Morales, 237 F.3d at 1051-52 (personal dispute not grounds for asylum); Zetino v.
Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An alien’s desire to be free from
harassment by criminals motivated by theft or random violence by gang members
bears no nexus to a protected ground.”). Thus, Morales-Garay’s asylum claim
fails.
Because Morales-Garay failed to establish eligibility for asylum, her
withholding of removal claim necessarily fails. See Zehatye v. Gonzales, 453 F.3d
1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of Morales-
11-71732 2

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Garay’s CAT claim because she failed to establish it is more likely than not she
would be tortured by or with the consent or acquiescence of the government in El
Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
11-71732 3

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