FILED
NOT FOR PUBLICATION MAR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA CALDERON-MIJANGO, No. 09-72204
Petitioner, Agency No. A98-570-662
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN and BYBEE, Circuit Judges.
Maria Calderon-Mijango, a native and citizen of El Salvador, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying her application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review de novo
questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except
to the extent that deference is owed to the BIA’s determination of the governing
statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004).
We review for substantial evidence factual findings. Zehatye v. Gonzales, 453
F.3d 1182, 1184-85 (9th Cir. 2006). We grant in part and deny in part the petition
for review and we remand.
We recently held that the BIA could not reject "all women in Guatemala" as
a particular social group solely because it was overly broad and internally diverse.
See Perdomo v. Holder, 611 F.3d 662, 669 (9th Cir. 2010) (remanding for further
proceedings). Here, the IJ similarly rejected Calderon-Mijango’s social group
consisting of women in El Salvador as “too large and internally diverse.” We grant
Calderon-Mijango’s petition for review with respect to her asylum and withholding
of removal claims and remand for the BIA to reconsider the claims in light of
Perdomo. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
Substantial evidence supports the IJ’s denial of CAT relief because
Calderon-Mijango failed to establish it is more likely than not she will be tortured
by or with the acquiescence of the government of El Salvador. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
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Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
3 09-72204