PAOLA VASQUEZ-GONZALEZ, AKA Paola Vazquez v. MATTHEW G. WHITAKER, Acting Attorney General

17-73475Court of Appeals for the Ninth Circuit24 janv. 2019

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PAOLA VASQUEZ-GONZALEZ, AKA
Paola Vazquez,
Petitioner,
v.
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
No. 17-73475
Agency No. A098-916-215
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Paola Vasquez-Gonzalez, a native and citizen of Mexico, 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,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Our jurisdiction is governed by 8 U.S.C. § 1252. We 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 to review Vasquez-Gonzalez’s contentions as to past
persecution, childhood abuse, and sexual assault because they were not presented
to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). Further,
substantial evidence supports the BIA’s finding that her fear of future persecution
is not on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016
(9th Cir. 2010) (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, we deny the petition as to her asylum and withholding
of removal claims.
Substantial evidence also supports the BIA’s denial of CAT relief because
Vasquez-Gonzalez failed to establish that it is more likely than not that she will be
tortured by or with the consent or acquiescence of the government of Mexico. See
Aden v. Holder, 589 F.3d 1040, 1047 (2009). The BIA did not otherwise err in its
analysis of her CAT claim.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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