FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SONIA PADILLA-CASTILLO, No. 10-71243
Petitioner, Agency No. A099-579-899
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Sonia Padilla-Castillo, a native and citizen of Mexico, 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.
Padilla-Castillo failed to raise any substantive challenge to the agency’s
determination that her asylum application was untimely. 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). Accordingly, we deny the petition
as to her asylum claim.
Substantial evidence supports the agency’s finding that Padilla-Castillo
failed to establish past persecution because she did not demonstrate that she
suffered domestic abuse in Mexico, the country of removal. See 8 C.F.R.
§ 1208.16(b)(1); Gonzalez-Medina v. Holder, 641 F.3d 333, 338 (9th Cir. 2011)
(domestic abuse that occurred in the United States could not constitute past
persecution). Substantial evidence also supports the agency’s finding that Padilla-
Castillo failed to establish it is more likely than not that she will face future
persecution in Mexico. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003)
(possibility of future persecution too speculative). Accordingly, her withholding of
removal claim fails.
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Finally, substantial evidence supports the agency’s denial of CAT relief
because Padilla-Castillo failed to show it is more likely than not she will be
tortured by or with the consent or acquiescence of the government if returned to
Mexico. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
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