Venegas

MEMORANDUM ***

The Board of Immigration Appeals (Board) determined that petitioners were not eligible for asylum or withholding of removal under 8 U.S.C. § 1231 and withholding of removal under the Convention Against Torture (CAT). Substantial evidence supports the Board’s conclusion. See Wang v. Ashcroft, 341 F.3d 1015, 1019-1020 (9th Cir.2003).

To establish eligibility for asylum on the basis of past persecution, petitioners must show: “(1) an incident, or incidents, that rise to the level of persecution; (2) that is ‘on account of one of the statutorily-protected grounds; and (3) is committed by the government or forces the government is either ‘unable or unwilling’ to control.” Navas v. INS, 217 F.3d 646, 655-56 (9th Cir.2000). Petitioners failed to show that any claimed past persecution was committed by the Mexican government or forces that the government was unable or unwilling to control. The woman who allegedly beat Arcinda HernandezVenegas was not affiliated with the government; furthermore, Arcinda Hernandez-Venegas testified that the woman was incarcerated for over a month and forced to pay part of Arcinda Hernandez-Venegas’ medical costs, evidencing the government’s…