MARGALENA GERBACIO-GASPAR V. ERIC HOLDER, JR., No. 10-71946 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARGALENA GERBACIO-GASPAR, a.k.a. Margarita Morales-Cruz, No. 10-71946 Agency No. A099-581-009 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Margalena Gerbacio-Gaspar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals order dismissing her appeal from an immigration judge s decision denying her application for withholding of removal. * 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). We have jurisdiction under 8 U.S.C. ยง 1252. We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review. Substantial evidence supports the agency s finding that any harm GerbacioGaspar alleged or fears is not on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1015-16 (9th Cir. 2010); 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, Gerbacio-Gaspar s withholding of removal claim fails. See Zetino at 1015-16. PETITION FOR REVIEW DENIED. 2 10-71946

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