Cornelio Castro-Cabrera v. Eric H. Holder Jr.

Good Law
489 F. App'x 208
United States Court of Appeals for the Ninth CircuitDecember 28, 201208-72923California307 words

Opinion

Opinion

MEMORANDUM

Cornelio C. Castro-Cabrera and Miria Yolanda Mendez-Jolomocox, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the agency’s determination that Castro-Cabrera failed to establish the harm he suffered or fears is on account of any protected ground. See id. at 482-84 . Substantial evidence also supports the agency’s determination that, even if Mendez-Jolomocox’s asylum application was timely filed, she failed to establish a protected ground represented one central reason for the harm she suffered or fears in Guatemala. See id.; see also Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir.2001) (personal retribution is not persecution on account of a protected ground). Accordingly, we deny the petition as to…

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