Maradiaga, et al v. Holder, No. 08-70174 (9th Cir. 2011)

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FILED JAN 20 2011 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CARMEN MARADIAGA, Petitioner, No. 08-70174 Agency No. A094-330-197 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Carmen Maradiaga, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals order dismissing her appeal from the 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, SantosLemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for review. Maradiaga fails to challenge the agency s dispositive determination that her asylum application was time-barred, and she also does not challenge the denial of her CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues that are not addressed in the argument portion of a brief are deemed waived). Accordingly, we deny the petition as to these claims. Maradiaga testified that after gang members beat her mother, she spoke out by going to a local television station, and that she subsequently received death threats. The agency found Maradiaga failed to demonstrate a clear probability of persecution on account of any of the statutorily protected grounds. Substantial evidence supports the agency s finding. See Sangha v. INS, 103 F.3d 1482, 149091 (9th Cir. 1997); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) ( [t]he REAL ID Act requires that a protected ground represent one central reason for an asylum applicant s persecution ). Accordingly, Maradiaga s withholding of removal claim fails. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 08-70174

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