MARIA GUEVARA-ZETINO V. ERIC HOLDER, JR., No. 10-72755 (9th Cir. 2012)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 13 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS MARIA CONCEPCION GUEVARAZETINO, No. 10-72755 Agency No. A097-909-326 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Maria Concepcion Guevara-Zetino, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s decision denying her * 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). application for asylum, withholding of removal, and relief under the Convention Against Torture ( CAT ). Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review. Substantial evidence supports the BIA s finding that Guevara-Zetino was a victim of general criminal activity, because she failed to establish that gang members extorted money, robbed, and raped her on account of a protected ground. See Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir. 2001) (no nexus between rape by guerrillas and a protected ground). We lack jurisdiction to consider GuevaraZetino s unexhausted contention that she has been or will be persecuted on account of her gender. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Accordingly, Guevara-Zetino s asylum and withholding of removal claims fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009). Substantial evidence also supports the BIA s denial of CAT relief because Guevara-Zetino failed to establish that it is more likely than not she will be tortured by or with the acquiescence of the government of El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). 2 10-72755 Finally, we decline to address the evidence Guevara-Zetino submitted that is not already part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 3 10-72755