Enriquez-Menjivar
Enriquez-Menjivar v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Glenda Carolina Enriquez-Menjivar, a native and citizen of El Salvador, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) 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 the agency’s factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo constitutional claims, Kaur v. Ashcroft, 388 F.3d 734, 736 (9th Cir.2004). We deny the petition for review.
Substantial evidence supports the BIA’s denial of asylum based on Enriquez-Men-jivar’s failure to establish that the government was unable or unwilling to control the threat of harm by gang members. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Accordingly, her asylum claim fails. See id.
Because Enriquez-Menjivar did not establish asylum eligibility, it necessarily follows that she did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th…