VIRGINIA RIVERA V. ERIC HOLDER, JR., No. 12-73366 (9th Cir. 2014)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS VIRGINIA DEL CARMEN RIVERA, Petitioner, No. 12-73366 Agency No. A072-523-249 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 18, 2014** Before: ALARCÃ N, O SCANNLAIN, and FERNANDEZ, Circuit Judges. Virginia del Carmen Rivera, a native and citizen of El Salvador, petitions 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 protection under the Convention Against Torture * 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). ( CAT ). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 118485 (9th Cir. 2006), and we deny the petition for review. Substantial evidence supports the BIA s finding that, even if credible, Rivera failed to establish a nexus between any past or future harm in El Salvador and one of the protected grounds. See Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir. 2002) (evidence did not compel finding that Guatemalan guerillas attacked family on account of imputed political opinion or membership in a particular social group); 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. ). Accordingly, Rivera s asylum claim fails. Because Rivera failed to meet the lower burden of proof for asylum, her claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190. Substantial evidence also supports the agency s denial of CAT relief because Rivera failed to show it is more likely than not she will be tortured with the consent or acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 2 12-73366

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.