Texte intégral
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROXANA MARICELA GONZALEZ
VELASQUEZ; DAYANA ANELISSE
CHAVEZ GONZALEZ
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-305
Agency Nos. A208-976-144
A208-976-145
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 10, 2023**
Seattle, Washington
Before: HAWKINS, FLETCHER, and IKUTA, Circuit Judges.
FILED
MAY 12 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
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Roxana Marciela Gonzalez Velasquez seeks review of an order of the Board
of Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ).
The IJ denied her applications for asylum (on which her minor child Dayana
Anelisse Chavez-Gonzalez is listed as a beneficiary), withholding of removal, and
relief under the Convention Against Torture (CAT). We have jurisdiction under 8
U.S.C. § 1252(a)(1) and deny the petition for review.
Gonzalez Velasquez does not challenge the BIA’s determination that she is
not a member of her proposed particular social group of “romantic partners who
are unable to leave the relationship,” thereby forfeiting a challenge to the BIA’s
determination that she failed to establish a nexus between the alleged persecution
and a protected ground. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079–80
(9th Cir. 2013); Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021).
Substantial evidence supports the BIA’s determination that Gonzalez
Velasquez failed to establish eligibility for CAT protection based on her fear that
her former romantic partner Omar will torture her upon her return to El Salvador
with the consent or acquiescence of the Salvadoran government. The record shows
that Gonzalez Velasquez continued to live in El Salvador for two years after
leaving Omar, and Omar did not contact her or her family after they moved within
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El Salvador nearly ten years ago. See Garcia v. Wilkinson, 988 F.3d 1136, 1148
(9th Cir. 2021).
PETITION DENIED.
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