FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EVELYN MELANI CORNEJO No. 10-70153
RODRIGUEZ, aka Melani Rodriguez,
Agency No. A094-829-721
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Evelyn Melani Cornejo-Rodriguez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ decision affirming
without opinion the immigration judge’s denial of petitioner’s application for
withholding of removal.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Where the BIA summarily affirms the IJ’s decision, we review the IJ’s
decision as the final agency decision. See Zehatye v. Gonzales, 453 F.3d 1182,
1184 (9th Cir. 2006).
Petitioner contends that she was entitled to withholding relief based on her
membership in a social group consisting of a family who were victimized by the
gangs. We need not resolve this issue because we conclude that the IJ correctly
determined that petitioner could relocate to another part of El Salvador. See INS v.
Ventura, 537 U.S. 12, 18 (2002) (“[A]n individual who can relocate safely within
his home country ordinarily cannot qualify for asylum”) (citing 8 C.F.R. §
208.13(b)(1)(i)(B)). The IJ, therefore, did not err in denying petitioner’s
application for withholding of removal. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 10-70153