NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
VIRGINIA DEL CARMEN RIVERA, No. 12-73366
Petitioner, Agency No. A072-523-249
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Virginia del Carmen Rivera, a native and citizen of El Salvador, petitions 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 for substantial
evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-
85 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the BIA’s finding that, even if credible, Rivera
failed to establish a nexus between any past or future harm in El Salvador and one
of the protected grounds. See Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th
Cir. 2002) (evidence did not compel finding that Guatemalan guerillas attacked
family on account of imputed political opinion or membership in a particular social
group); Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001) (“Asylum generally is
not available to victims of civil strife, unless they are singled out on account of a
protected ground.”). Accordingly, Rivera’s asylum claim fails.
Because Rivera failed to meet the lower burden of proof for asylum, her
claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190.
Substantial evidence also supports the agency’s denial of CAT relief because
Rivera failed to show it is more likely than not she will be tortured with the consent
or acquiescence of the government if returned to El Salvador. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 12-73366