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ROJAS GUILLEN v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-04-23No. No. 19-71702

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Opinion

MEMORANDUM **

Nancy Patricia Rojas-Guillen, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judges (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agencys determination that the harm Rojas-Guillen experienced did not rise to the level of persecution. See Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028-29 (9th Cir. 2019) (record did not compel finding that harm rises to the level of persecution where perpetrators took no violent actions against the petitioner or his family beyond threats). Substantial evidence also supports the agencys finding that Rojas-Guillen did not establish a well-founded fear of future persecution. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir. 2006) (petitioner failed to present “compelling, objective evidence demonstrating a well-founded fear of persecution”).

We do not address Rojas-Guillens contentions regarding her credibility, as the IJ found she was credible. Thus, Rojas-Guillens asylum claim fails.

Because Rojas-Guillen failed to establish eligibility for asylum, in this case, she did not establish eligibility for withholding of removal. See Zehatye, 453 F.3d at 1190.

Substantial evidence also supports the agencys denial of CAT relief because Rojas-Guillen failed to show it is more likely than not she would be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

We lack jurisdiction to consider Rojas-Guillens contentions concerning voluntary departure because she did not raise them to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented below).

The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise denied.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.