Jacqueline Cruz-Baltodano v. Eric H. Holder Jr.

MEMORANDUM

Jacqueline del Socorro Cruz-Baltodano and Orlando Exalon Gonzalez-Cruz, natives and citizens of Nicaragua, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decisions denying their application for asylum and withholding of removal and motion to terminate proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that petitioners failed to establish the government was unable or unwilling to protect Cruz-Baltodano from her partner’s abuse because she did not report any of the incidents of abuse and did not establish that reporting the incidents would have been futile or subjected her to further abuse. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005); Orne las-Chavez v. Gonzales, 458 F.3d 1052, 1058 (9th Cir.2006) (reporting persecution to authorities not required if applicant “can convincingly establish that doing so would have…