Lorena G. Molina Menjivar v. ROBERT M. WILKINSON, Acting Attorney General

19-72344Court of Appeals for the Ninth Circuit22 janv. 2021

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LORENA G. MOLINA MENJIVAR,
Petitioner,
v.
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
No. 19-72344
Agency No. A215-674-989
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
Lorena G. Molina Menjivar, a native and citizen of El Salvador, petitions
pro se 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 relief under the Convention Against Torture (“CAT”).
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
the agency’s factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th
Cir. 2020). We deny the petition for review.
Substantial evidence supports the agency’s determination that Molina
Menjivar failed to establish the harm she experienced or fears in El Salvador was
or would be on account of a protected ground. See Zetino v. Holder, 622 F.3d
1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by
criminals motivated by theft or random violence by gang members bears no nexus
to a protected ground”). Thus, Molina Menjivar’s asylum and withholding of
removal claims fail.
Substantial evidence also supports the agency’s denial of CAT relief because
Molina Menjivar failed to show it is more likely than not she would be tortured by
or with the consent or acquiescence of the government if she returned to El
Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
The temporary stay of removal remains in place until issuance of the
mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise
denied.
PETITION FOR REVIEW DENIED.

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