Marta Yolanda Molina- Solares v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTA YOLANDA MOLINA-
SOLARES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71470
Agency No. A098-176-827
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Marta Yolanda Molina-Solares, a native and citizen of Guatemala, 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. Our jurisdiction is governed by 8 U.S.C. § 1252. We
FILED
FEB 25 2015
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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review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales,
453 F.3d 1182, 1184-85 (9th Cir. 2006). We dismiss in part and deny in part the
petition for review.
We lack jurisdiction over Molina-Solares’s unexhausted contention that she
is a member of a social group based on her gender. See Barron v. Ashcroft, 358
F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to review claims not
exhausted before the agency).
Substantial evidence supports the BIA’s finding that Molina-Solares failed
to establish that she was or will be harmed on account of her membership in a
particular social group based on her family. See Parussimova v. Mukasey, 555
F.3d 734, 740 (9th Cir. 2009) (“a protected ground [must] represent “one central
reason” for an asylum applicant’s persecution”); see also Zetino v. Holder, 622
F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’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, Molina-Solares’s asylum and
withholding of removal claims fail.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
10-71470 2

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