FILED
NOT FOR PUBLICATION FEB 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAREN EMELIN OLIVO, No. 09-70218
Petitioner, Agency No. A094-915-810
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.
Karen Emelin Olivo, a native and citizen of El Salvador, petitions 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 (“CAT”). We have
*
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).
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 agency’s finding that Olivo failed to show
the government of El Salvador was unwilling or unable to control the individuals
who harmed her. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1070-72 (9th Cir.
2005) (failure to report non-governmental persecution due to belief that police
would do nothing did not establish that government was unwilling or unable to
control agent of persecution). Accordingly, Olivo’s asylum claim fails.
Because Olivo 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.
Finally, substantial evidence also supports the agency’s denial of CAT relief
because Olivo 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 09-70218