NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 3 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BELINDA ALVARO PASCUAL, No. 18-70293
Petitioner, Agency No. A206-910-386
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Belinda Alvaro Pascual, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
substantial evidence the agency’s factual findings. Garcia-Milian v. Holder, 755
F.3d 1026, 1031 (9th Cir. 2014). We grant in part and deny in part the petition for
review, and remand.
The agency found the incidents of past harm that Alvaro Pascual suffered,
including two attempted rapes and accompanying threats, did not rise to the level
of persecution. Substantial evidence does not support this finding. See Ruano v.
Ashcroft, 301 F.3d 1155, 1159-61 (9th Cir. 2002) (threats accompanied by close
confrontation may constitute past persecution). Thus, we grant the petition for
review with respect to Alvaro Pascual’s asylum and withholding of removal claims
and remand to the agency for further proceedings consistent with this disposition.
See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
Alvaro Pascual’s request to remand, set forth in her opening brief, is denied.
See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice
to appear need not include time and date information to vest jurisdiction in the
immigration court).
The government shall bear the costs for this petition for review.
PETITION FOR REVIEW GRANTED in part; DENIED in part;
REMANDED.
2 18-70293