Portillo-Martinez, et al v. Holder, No. 07-74404 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BEEZY PORTILLO-MARTINEZ, Petitioner, No. 07-74404 Agency No. A098-212-156 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges. Beezy Portillo-Martinez, native and citizen of El Salvador, petitions for review of a Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s decision denying her application for asylum and * 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). withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992). We deny the petition for review. Substantial evidence supports the BIA s conclusion that Portillo-Martinez did not demonstrate past persecution or a well-founded fear of persecution because she has not shown the harm she suffered or fears was on account of a protected ground. See id. at 481-82. Further, substantial evidence also supports the BIA s finding that Portillo-Martinez could relocate safely within El Salvador. See Ochave v. INS, 254 F.3d 859, 867-68 (9th Cir. 2001). Because Portillo-Martinez failed to meet the lower burden of proof for asylum, it follows that she has not met the higher standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). PETITION FOR REVIEW DENIED. 2 07-74404

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