Texte intégral
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANDRA RESPRETO-PEREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73946
Agency No. A077-999-746
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Sandra Respreto-Perez, a native and citizen of Colombia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for asylum and
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
FILED
JAN 24 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).
-- 1 of 2 --
for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182,
1184-85 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the agency’s finding that, even if she
established membership in a particular social group, Respreto-Perez failed to
qualify for asylum or withholding of removal because she did not show that the
government of Colombia was unable or unwilling to protect her. See Nahrvani v.
Gonzales, 399 F.3d 1148, 1154 (9th Cir. 2005) (record did not compel conclusion
that government was unable or unwilling to control the perpetrators of the harm).
Accordingly, Respreto-Perez’s asylum and withholding of removal claims fail. See
Zehatye, 453 F.3d at 1190.
In light of our conclusion, we need not address Respreto-Perez’s contention
regarding the agency’s asylum time-bar finding. Further, we reject Respreto-
Perez’s contention that the agency ignored her sister’s testimony, because she has
not rebutted the presumption that the agency considered the entire record. See
Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
11-73946 2
-- 2 of 2 --