Thelma Judith Revolorio- Ovalle v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
THELMA JUDITH REVOLORIO-
OVALLE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72765
Agency No. A072-439-395
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Thelma Judith Revolorio-Ovalle, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s decision denying her application for asylum and
FILED
DEC 28 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence the agency's factual findings, Wakkary v. Holder, 558 F.3d
1049, 1056 (9th Cir. 2009), and deny the petition for review.
Revolorio-Ovalle fears harm from the people who killed her husband, but
she testified that she does not know who killed him, and she did not testify as to
why he was killed. We reject Revolorio-Ovalle’s contention that she established
past persecution in light of our prior decision. See Revolorio-Ovalle v. Gonzales,
No. 06-70990, 2007 WL 1649934 (9th Cir. June 6, 2007). Substantial evidence
supports the agency’s finding that Revolorio-Ovalle failed to establish a
well-founded fear of future persecution on account of a protected ground. See
Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir. 2001) (asylum generally is not
available to victims of civil strife, unless they are singled out on account of a
protected ground). Accordingly, Revolorio-Ovalle’s asylum claim fails.
Because Revolorio-Ovalle failed to meet the lower burden of proof for
asylum, her claim for withholding of removal necessarily fails. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.

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