Garces
Garces v. Holder
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…