Gomez-Coreas

Gomez-Coreas v. Holder

Good Law
367 F. App'x 823
United States Court of Appeals for the Ninth CircuitFebruary 25, 201007-72658California333 words

Opinion

Opinion

MEMORANDUM

Maria Josefa Gomez-Coreas, 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 decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s conclusion that, although the rape by her employer and his subsequent refusal to allow her to leave his home for two years amounted to persecution on account of her particular social group, Gomez-Coreas failed to demonstrate she was persecuted by the government or forces the government was unable or unwilling to control. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005) (“Even if we were to assume ... that Castro-Perez is a member of a particular social group and that the rapes she suffered were persecution because of her membership in that group, her…

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