Hernandez-De Garcia v. Holder

Good Law
323 F. App'x 577
United States Court of Appeals for the Ninth CircuitApril 23, 2009No. 06-74026California296 words

Opinion

Lead Opinion

MEMORANDUM **

Susana Veronica Hernandez-de Garcia and her children, natives and citizens of El Salvador, petition pro se for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their appli *578 cation 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 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Even if Hernandez-de Garcia was credible, substantial evidence supports the IJ’s denial of asylum because she failed to show past persecution or a well-founded fear on account of her membership in a particular social group, see Molina-Estrada v. INS, 293 F.3d 1089, 1095 (9th Cir.2002), or on account of her actual political opinion or imputed political opinion, see Santos-Lemus v. Mukasey, 542 F.3d 738, 747 (9th Cir.2008); see also Ochave v. INS, 254 F.3d 859, 865 (9th Cir.2001) (“Asylum generally is not available to victims of civil strife, unless they are singled out on account of a protected ground.”).…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.