Kledy Cano-Villatoro v. Eric Holder, Jr.

MEMORANDUM

Kledy Elizabeth Cano-Villatoro appeals the Board of Immigration Appeals’s (“BIA”) decision denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

The BIA’s determination that Cano-Vil-latoro had not been persecuted for her family’s membership in the Civil Patrol was supported by substantial evidence because Cano-Villatoro failed to demonstrate that the guerillas were aware of this membership and therefore the guerillas could not have persecuted her on that basis. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Nor did Cano-Villatoro establish that she was persecuted on account of her work experience as a nurse’s assistant, because such work experience does not constitute an “immutable characteristic” under the BIA’s decision in Matter of Acosta, 19 I. & N. Dec. 211, 232-33 (BIA 1985), overruled in part on other grounds by Matter of Mogharrabi, 19 I. & N. Dec. 439 (BIA 1987), and thus persons with such work experience do not constitute a particular social group. Moreover, the record contains no evidence that the guerrillas…