Gutierrez Samayoa v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Brenda Virginia Gutierrez Samayoa and her daughter, Luisa Argueta, natives and *686 citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) 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. See Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). We deny the petition for review.
Substantial evidence supports the agency’s conclusion that Gutierrez Samayoa did not establish past persecution because any abuse she suffered does not rise to the level of persecution. See Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (holding that persecution is an “extreme” concept). Absent past persecution, Gutierrez Samayoa’s contention that she is eligible for asylum under 8 C.F.R. § 1208.13 (b)(iii)(B) also fails. See Belishta v. Ashcroft, 378 F.3d 1078, 1081 (9th Cir.2004) (applicants must demonstrate past persecution before basing an asylum claim on a reasonable possibility of “other serious harm” upon removal).