Roberta Tzib v. Eric H. Holder Jr., No. 08-75152 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 27 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROBERTA TZIB, a.k.a. Maria de Jesus Paniagua Padilla, No. 08-75152 Agency No. A099-629-783 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Roberta Tzib, a native and citizen of Belize, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s decision denying her application for asylum, withholding of removal, and relief 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, INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992), and we deny the petition for review. Substantial evidence supports the BIA s conclusion that, even if credible, Tzib failed to establish her gang-affiliated nephew and his friends threatened her on account of a protected ground. See Bolshakov v. INS, 133 F.3d 1279, 1280-81 (9th Cir. 1998) (criminal street gang activity does not establish persecution on account of a protected ground); see also Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) ( The Real ID Act requires that a protected ground represent one central reason for an asylum applicant s persecution ). Accordingly, we deny the petition as to Tzib s asylum and withholding of removal claims. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009). Substantial evidence supports the agency s denial of CAT relief because Tzib failed to show it is more likely than not she would be tortured if returned to Belize. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 2 08-75152

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