Dina Maribel Luna-Ramirez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DINA MARIBEL LUNA-RAMIREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73055
Agency No. A098-112-383
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Dina Maribel Luna-Ramirez, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s decision denying her application for asylum. We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
FILED
APR 11 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).

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agency’s 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 determination that the incidents
Luna-Ramirez experienced, including death threats, did not rise to the level of
persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir. 2005)
(record did not compel the finding that the incidents of harm petitioner suffered
constituted past persecution). We reject Luna-Ramirez’s contentions that the
agency failed to consider evidence relevant to her claim of persecution. Further, as
Luna-Ramirez has not established past persecution, she is not entitled to a
presumption of future persecution. See Molina-Estrada v. INS, 293 F.3d 1089,
1096 (9th Cir. 2002). As Luna-Ramirez does not otherwise contend she has shown
a well-founded fear of persecution, her asylum claim fails.
In light of these conclusions, we do not reach Luna-Ramirez’s other
contentions or her request for judicial notice relating to her ability to relocate.
PETITION FOR REVIEW DENIED.
12-73055 2

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