FILED
NOT FOR PUBLICATION MAY 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REBECA ACEVEDO CIFUENTES, No. 08-71027
Petitioner, Agency No. A070-818-244
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Rebeca Acevedo Cifuentes, a native and citizen of Guatemala, petitions pro
se for review of the Board of Immigration Appeals’ 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 for substantial
evidence, Ramos-Lopez v. Holder, 563 F.3d 855, 858 (9th Cir. 2009), and we deny
the petition for review.
Substantial evidence supports the agency’s finding that Acevedo failed to
show past persecution or a well-founded fear of future persecution by guerrillas or
the Guatemalan government on account of her political opinion or membership in a
particular social group. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 (1992);
Pedro-Mateo v. INS, 224 F.3d 1147, 1151 (9th Cir. 2000) (petitioner must provide
some evidence of discriminatory motive); Halim v. Holder, 590 F.3d 971, 977 (9th
Cir. 2009) (concluding that record did not compel a finding of even a ten percent
chance of persecution). Accordingly, Acevedo’s asylum claim fails.
Because Acevedo failed to show eligibility for asylum, she necessarily failed
to demonstrate eligibility for withholding of removal. See Zehatye v. Gonzales,
453 F.3d 1182, 1190 (9th Cir. 2006).
Substantial evidence supports the agency’s denial of Acevedo’s CAT claim
because Acevedo failed to establish it is more likely than not that she will be
tortured if returned to Guatemala. See Wakkary v. Holder, 558 F.3d 1049, 1067-68
(9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 08-71027