Sierra-Cardona

Sierra-Cardona v. Holder

Good Law
403 F. App'x 242
United States Court of Appeals for the Ninth CircuitNovember 16, 201005-74740, 06-71823California594 words

Opinion

Opinion

MEMORANDUM

Martha Isabel Sierra-Cardona is a native and citizen of Colombia who petitions for review of decisions of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). She also petitions for review of the BIA’s denial of her motion to reopen.

To be eligible for asylum, Sierra-Cardona has the burden of proving she suffered past persecution or has a well-founded fear of future persecution. Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc). To qualify for withholding of removal, she is required to establish that it is more likely than not that she would be subjected to persecution if returned to Colombia. Kohli v. Gonzales, 473 F.3d 1061, 1070 (9th Cir.2007). In order to obtain CAT relief, Sierra-Cardona must establish that it would be more likely than not that she would be tortured upon her return to Colombia. Muradin v. Gonzales, 494 F.3d 1208, 1210-11 (9th Cir.2007).

Sierra-Cardona claims she met these standards because she was persecuted and tortured in Colombia on account of her homosexuality. The IJ determined that she was not…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.