Jackelin Guerrero-Hernandez, et al v. Eric Holder, Jr., No. 09-70463 (9th Cir. 2010)

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FILED NOV 22 2010 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JACKELIN ANTONIA GUERREROHERNANDEZ; et al., No. 09-70463 Agency Nos. Petitioners, A099-675-928 A099-675-929 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Jackelin Antonia Guerrero-Hernandez and her son, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals ( BIA ) order dismissing their appeal from the immigration judge s decision denying their application for asylum, withholding of removal, and protection under the * 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). Convention Against Torture ( CAT ). We have jurisdiction under 8 U.S.C. § 1252. We review de novo the BIA s legal conclusions and review for substantial evidence factual findings. Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009). We deny the petition for review. Guerrero-Hernandez does not challenge the BIA s rejection of her proposed social group. Substantial evidence supports the BIA s determination that Guerrero-Hernandez failed to establish the extortion demands and threats from gang members were on account of a protected ground. See id. at 856 (evidence supported conclusion that gang victimized the petitioner for economic and personal reasons rather than on account of a protected ground); 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, because Guerrero-Hernandez failed to demonstrate she was persecuted or fears persecution on account of a protected ground, we deny the petition as to petitioners asylum and withholding of removal claims. See Barrios, 581 F.3d at 856; see Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001) ( Asylum generally is not available to victims of civil strife, unless they are singled out on account of a protected ground. ). 2 09-70463 Substantial evidence also supports the agency s denial of CAT relief because petitioners did not establish a likelihood of being tortured in El Salvador. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 3 09-70463

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