Ana Morales v. Eric Holder, Jr.

MEMORANDUM

Ana Maria Morales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”) and a motion for continu- anee. Our jurisdiction is governed by under 8 U.S.C. § 1252 . We review de novo questions of law, Annachamy v. Holder, 738 F.3d 254, 258 (9th Cir.2013), and for substantial evidence the factual findings, 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 BIA’s finding that Morales’ past experiences in Guatemala, including the incident with the military in 1987, did not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (brief detention, beating and interrogation did not compel finding of past persecution). Further, Morales did not establish that the death of extended family members were part of a pattern of persecution tied to Morales. See Wakkary, 558 F.3d at 1060 . We lack jurisdiction to consider Morales’…