Garces

Garces v. Holder

Good Law
362 F. App'x 767
United States Court of Appeals for the Ninth CircuitJanuary 20, 201007-71453California365 words

Opinion

Opinion

MEMORANDUM

Elcy Christina Garces, a native and citizen of Colombia, 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, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence, Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000), we review the denial of a motion to reopen for abuse of discretion, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003), and we review due process claims de novo, Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Garces failed to demonstrate a nexus to a protected ground, because she testified she was targeted primarily on account of her family’s perceived wealth, and Garces merely speculates that the guerillas were motivated by her political or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Therefore, her asylum and withholding of removal claims…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.