Maria Guevara-Zetino v. Eric Holder, Jr.

MEMORANDUM

Maria Concepcion Guevara-Zetino, a native and citizen of El Salvador, petitions pro se 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 relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that Guevara-Zetino was a victim of general criminal activity, because she failed to establish that gang members extorted money, robbed, and raped her on account of a protected ground. See Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir.2001) (no nexus between rape by guerrillas and a protected ground). We lack jurisdiction to consider GuevaraZetino’s unexhausted contention that she has been or will be persecuted on account of her gender. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Accordingly, Guevara-Zetino’s asylum and withholding of removal claims fail. See Barri os…