Karla Yaneth Regalo v. ERIC H. HOLDER, Jr., Attorney General

12-71447Court of Appeals for the Ninth Circuit17 mar 2015

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARLA YANETH REGALO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71447
Agency No. A088-029-017
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Karla Yaneth Regalo, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
MAR 17 2015
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).

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substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
Regalo testified that she was followed and harassed by gang members who
wanted her to join the gang and/or go out with them, and that she considered the
unwanted attention threatening. Substantial evidence supports the agency’s
determination that Regalo failed to establish she suffered harm rising to the level of
persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir. 2003)
(harassment and physical encounters without any significant physical violence did
not compel finding of past persecution); see also Wakkary v. Holder, 558 F.3d
1049, 1060 (9th Cir. 2009) (harm to family must be closely tied to petitioner).
Regalo does not challenge the agency’s finding that she failed to establish a well-
founded fear of persecution because she was able to relocate and live safely in San
Salvador for five years before voluntarily returning to her hometown. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
supported by argument are deemed waived). Thus, we deny the petition as to
Regalo’s asylum claim.
Because Regalo failed to establish eligibility for asylum, her withholding of
removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 12-71447

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