Alina Maganda Valverde v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALINA MAGANDA VALVERDE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73126
Agency No. A095-195-560
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Alina Maganda Valverde, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ 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 (“CAT”). We have
FILED
JUN 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

jurisdiction under 8 U.S.C. § 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.
Maganda Valverde does not claim she suffered past persecution in Mexico,
but fears future persecution by her father based on his past abuse and threats to the
family. Substantial evidence supports the agency’s finding that Maganda Valverde
did not establish a well-founded fear of future persecution. See Tamang v. Holder,
598 F.3d 1083, 1094-95 (9th Cir. 2010). We reject Maganda Valverde’s
contention that the BIA’s analysis ignored evidence or mischaracterized her claim.
Accordingly, Maganda Valverde’s asylum claim fails.
Because Maganda Valverde did not meet the lower burden of proof for
asylum, her claim for withholding of removal necessarily fails. See Zehatye, 453
F.3d at 1190.
Finally, substantial evidence also supports the agency’s denial of CAT relief
because Maganda Valverde failed to establish it is more likely than not she would
be tortured if removed to Mexico. See Zheng v. Holder, 644 F.3d 829, 835 (9th
Cir. 2011).
PETITION FOR REVIEW DENIED.
2 09-73126

-- 2 of 2 --