Heydi Somoza v. Loretta E. Lynch

MEMORANDUM

Heydi Marisol Somoza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 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 the petition for review.

Somoza testified that gang members killed her boyfriend — a bus driver who refused to pay an extortion demand — and afterwards threatened to kill her if she remained in El Salvador. Substantial evidence supports the agency’s finding that Somoza failed to establish her experiences in El Salvador rise to the level of persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005) (record did not compel finding threats constituted persecution); see also Wakkary v. Holder, 558 F.3d 1049, 1060 (9th Cir.2009) (no past persecution where harm to others was not part of “a pattern of persecution closely tied to” petitioner) (internal quotation marks and citation…