Jesus Melgar Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Jesus Jacqueline Melgar Rodriguez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal, after our remand for consideration of her asylum and withholding of removal claims in light of our decision in Perdomo v. Holder, 611 F.3d 662 (9th Cir.2010). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s 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 BIA’s finding that, even assuming the validity of Melgar Rodriguez’s gender-based social group, Melgar Rodriguez did not establish that any past or future harm would be on account of her membership in such a group. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (“[a]n alien’s desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus…