FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELMA DIAZ-MORALES, No. 10-70720
Petitioner, Agency No. A073-043-618
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, 2010
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Elma Diaz-Morales, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals decision affirming the immigration
judge’s denial of her applications for asylum, withholding of removal, and relief
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).
Diaz-Morales contends that she qualified for asylum and withholding relief
because the persecution she suffered on account of her refusal to comply with
guerilla or military demands was based on her political opinion. Petitioner also
contends that she met the standard for CAT relief because she will be tortured due
to her resistance to the ORPA guerillas.
Substantial evidence supports the agency’s finding that Diaz-Morales failed
to establish that she was targeted for harm because of her actual or imputed
political opinion, or failed to establish a nexus to any other protected ground. See
Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997) (persecution by anti-
government guerillas may not “from that fact alone be presumed to be ‘on account
of’ political opinion”). Because Diaz-Morales did not establish a nexus to a
protected ground, petitioner’s asylum claim fails. See INS v. Elias-Zacarias, 502
U.S. 478, 482-83 (1992). Because petitioner did not establish eligibility for
asylum, it follows that she did not satisfy the more stringent standard for
withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.
2006). Finally, substantial evidence supports the agency’s denial of petitioner’s
request for CAT relief because Diaz-Morales failed to show that it was more likely
than not that she will be tortured by or with the acquiescence of the Guatemalan
2 10-70720
government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3 10-70720