FILED
NOT FOR PUBLICATION JUL 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MERCEDES HERNANDEZ-CARDONA, No. 11-72001
Petitioner, Agency No. A070-954-291
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Mercedes Hernandez-Cardona, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ order summarily affirming
an immigration judge’s (“IJ”) 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). We deny the petition for review.
Substantial evidence supports the IJ’s determination that Hernandez-
Cardona failed to establish eligibility for asylum, where she was not harmed in
Guatemala and failed to establish a well-founded fear of future persecution on
account of a protected ground. See Baghdasaryan v. Holder, 592 F.3d 1018, 1023
(9th Cir. 2010) (setting forth elements required to establish eligibility for asylum).
Because Hernandez-Cardona has not established eligibility for asylum, she
necessarily cannot meet the more stringent standard for withholding of removal.
See Zehatye, 453 F.3d at 1190.
Finally, Hernandez-Cardona does not raise any arguments regarding the
denial of CAT relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are
waived).
PETITION FOR REVIEW DENIED.
2 11-72001