NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAQUELINE ESTEFANY GARCIA, No. 13-72887
Petitioner, Agency No. A088-724-763
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Jaqueline Estefany Garcia, a native and citizen of Guatemala, 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 and
withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006), and we deny in part and dismiss in part the petition
for review.
Substantial evidence supports the BIA’s finding that even if Garcia
established past persecution on account of a protected ground, her presumption of a
well-founded fear of future persecution was rebutted by the reasonable possibility
of internal relocation. See 8 C.F.R. § 1208.13(b)(3)(ii). Thus, Garcia’s asylum
claim fails.
Because Garcia failed to establish eligibility for asylum, her withholding of
removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.
We lack jurisdiction to consider Garcia’s CAT claim because she did not
raise it to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.
2004) (no jurisdiction over legal claims not presented in administrative
proceedings below).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 13-72887