Laura Romo-Cadenes v. Eric Holder, Jr.

Good Law
483 F. App'x 391
United States Court of Appeals for the Ninth CircuitOctober 15, 201210-70378California312 words

Opinion

Opinion

Laura Virgelis Romo-Cadenes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo questions of law. Wakkcary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

Substantial evidence supports the IJ’s finding that, even if Romo-Cadenes filed a timely asylum application, Romo-Cadenes failed to carry her burden to establish that she cannot relocate within Mexico to avoid harm. See Kaiser v. Ashcroft, 390 F.3d 653, 659 (9th Cir.2004) (in the absence of a presumption of a well-founded future fear, the petitioner has the burden of proving that relocation is unreasonable). Romo-Cadenes does not challenge the IJ’s determination that she failed to demonstrate past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a…

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