Jaqueline Garcia v. Eric Holder, Jr.

MEMORANDUM

Jaqueline Estefany Garcia, 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 and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that even if Garcia established past persecution on account of a protected ground, her presumption of a well-founded fear of future persecution was rebutted by the reasonable possibility of internal relocation. See 8 C.F.R. § 1208.13 (b)(3)(ii). Thus, Garcia’s asylum claim fails.

Because Garcia failed to establish eligibility for asylum, her withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190 .

We lack jurisdiction to consider Garcia’s CAT claim because she did not raise it to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (no jurisdiction over legal claims not presented in administrative…