De Paz Caal v. Holder

Good Law
370 F. App'x 777
United States Court of Appeals for the Ninth CircuitMarch 8, 201007-74796California286 words

Opinion

Opinion

MEMORANDUM

Flor Maria De Paz Caal, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ or der dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995), and we deny the petition for review.

Substantial evidence supports the agency’s finding that De Paz Caal failed to establish past persecution because her experiences in Guatemala did not rise to the level of persecution. See id. at 339-40 . Substantial evidence also supports the agency’s finding that De Paz Caal did not demonstrate a well-founded fear of future persecution because her two voluntary return trips to Guatemala undermined her claim, see Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir.2008), and because she failed to show the harm to her brother was part of a pattern of persecution closely tied to her, see Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991). Accordingly, her asylum claim fails.

Because De Paz Caal failed to…

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