Castillo

Castillo v. Holder

Good Law
349 F. App'x 235
United States Court of Appeals for the Ninth CircuitOctober 26, 2009No. 07-73481California345 words

Opinion

Lead Opinion

MEMORANDUM **

Elisa Pineda Castillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Castillo’s claim of persecution on account of family social group because she failed to exhaust it. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004) (no subject-matter jurisdiction over legal claims not presented in administrative proceedings below).

Substantial evidence supports the agency’s finding that Castillo did not suffer persecution in Guatemala because she was never physically harmed or directly threatened. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865 , 870 n. 6 (9th Cir.2003) (concluding vague allegations of threats insufficient to establish past persecution). Substantial evidence also supports the agency’s finding that Castillo failed to establish her step-father’s…

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.