Mirna Lopez v. Eric Holder, Jr.

MEMORANDUM ***

Petitioner-appellant Mirna Leticia Lopez petitions for review from a Board of Immigration Appeals (“BIA”) decision affirming an Immigration Judge’s (“IJ”) determination that she is not entitled to asylum, withholding of removal, or relief under the Convention Against Torture. Because Lopez failed to present evidence so compelling that a reasonable fact finder would have to find Lopez suffered past persecution or had an objectively reasonable fear of future persecution, we affirm the BIA’s determination.

(1) “To establish past persecution, ‘an applicant must show: (1) an incident, or incidents, that rise to the level of persecution; (2) that is ‘on account of one of the statutorily-protected grounds; and (3) is committed by the government or forces the government is either ‘unable or unwilling’ to control.’ ” Sinha v. Holder, 564 F.3d 1015, 1020 (9th Cir.2009) (quoting Navas, 217 F.3d at 655-56). If a petitioner fails to demonstrate past persecution, she can still show a well-founded fear of future persecution through “ ‘credible, direct, and specific evidence in the record of facts that would support a reasonable fear of persecution.’ ” Rusak, 734 F.3d at 896…

dissenting:

I respectfully dissent. I agree that Lopez failed to demonstrate past persecution in Guatemala. But she did present compelling evidence of a well-founded fear of future persecution because of her political opinion. Accordingly, I would GRANT her petition to overturn the BIA’s denial of asylum and REMAND.

Lopez’s father, Herman Lopez Chape-tón, was active in the Christian Democracy Party, where he rose to the position of *684 General Secretary. Lopez was also active in the Christian Democracy Party, where she served as its Queen and as its Organizational Secretary.

In 1995, Lopez’s father warned her that she was at risk as long as she stayed in Guatemala. Within months of the warning, Lopez’s father was stabbed and bled to death in Guatemala. Two of Lopez’s cousins, also involved in the Christian Democracy Party, were subsequently murdered in Guatemala: one was shot and killed in 1997, and the other was stabbed to death and his corpse burned in 2004.

The Guatemalan police failed to find the culprits responsible for the murders. Although it is unclear from the record whether the Guatemalan government is unable or unwilling to investigate these murders, Lopez believes…

NOT FOR PUBLICATION FILED

JUNE 11 2014

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MIRNA LETICIA LOPEZ, No. 09-73391

Petitioner, BIA No. A075-483-122

v.

MEMORANDUM*

ERIC H. HOLDER, JR., Attorney General

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 4, 2014** Pasadena, California

Before: PREGERSON and BERZON, Circuit Judges, and AMON, Chief District Judge.***

Petitioner-appellant Mirna Leticia Lopez petitions for review from a Board

of Immigration Appeals (“BIA”) decision affirming an Immigration Judge’s (“IJ”)

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Carol Bagley Amon, Chief Judge, United States District Court for the Eastern District of New York, sitting by designation. 1 determination that she is not entitled to asylum, withholding of removal, or relief

under…