Yolanda Raxic-Carreto v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 28 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YOLANDA MERARI RAXIC-CARRETO, No. 14-70731 Petitioner, Agency No. A087-903-722 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges Yolanda Merari Raxic-Carreto, a native and citizen of Guatemala, petitions for review from 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. We have jurisdiction under 8 U.S.C. § 1252. We * 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). review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review. The record does not compel the conclusion that Raxic-Carreto established extraordinary or changed circumstances to excuse her untimely asylum application. See 8 C.F.R. §§ 1208.4(a)(4), (5); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir. 2010). Thus, Raxic-Carreto’s asylum claim fails. Substantial evidence supports the BIA’s determination that Raxic-Carreto failed to demonstrate a nexus between the harm she fears and a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members has no nexus to a protected ground”). Thus, Raxic-Carreto’s withholding of removal claim fails. PETITION FOR REVIEW DENIED. 2 14-70731