Ingrid Yamileth Castro Perez v. Alberto R. Gonzales, Attorney General

Good Law
409 F.3d 1069·2005 WL 1278818
United States Court of Appeals for the Ninth CircuitJune 1, 200503-73444California1,393 words

Opinion

Opinion

Thompson, J.

Petitioner Ingrid Yamileth Castro-Perez, a young woman from Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 .

Because the record before us does not compel a reasonable factfinder to find that Castro-Perez established that her ground of alleged persecution, rape by the man she dated in Honduras, is a crime the Honduran government is unable or unwilling to control, we deny her petition for asylum and for withholding of removal. See INS v. Elias-Zaearias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We also deny her claim for relief under the Convention Against Torture, because she has not “specifically and distinctly argued and raised” that issue in her petition to this court. See Arpin v. Santa Clara Valley Trans. Agency, 261 F.3d 912 , 919 (9th Cir.2001).

I

BACKGROUND

During late 1998 to 1999, Castro-Perez, then a 17-year-old living in Honduras, was dating a young man named Mario Scott Hernandez, who was a…

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