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Alvarado v. Holder

United States Court of Appeals, Ninth Circuit
Nov 30, 2009
359 F. App'x 789 (9th Cir. 2009)

Opinion

No. 08-73196.

Submitted November 17, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 30, 2009.

Amanda F. Rabanales Alvarado, Northridge, CA, pro se.

OIL, Russell John Verby, Trial, DOJ-U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A073-980-833.

Before: ALARCÓN, TROTT, AND TASHIMA, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Amanda F. Rabanales Alvarado, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' decision affirming the immigration judge's denial of her application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for review.

The record does not compel reversal of the IJ's conclusion that petitioner failed to establish that she suffered harm from gang members in Guatemala on account of a protected ground. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009) (concluding that resistance to gang activity is not a particular social group for the purpose of establishing nexus to a protected ground); Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir. 2001) (personal retribution is not persecution on account of a protected ground). Accordingly, petitioner's asylum claim fails.

Contrary to petitioner's allegation, the BIA properly reviewed the IJ's decision. See 8 C.F.R. § 1003.1(e)(5).

PETITION FOR REVIEW DENIED.


Summaries of

Alvarado v. Holder

United States Court of Appeals, Ninth Circuit
Nov 30, 2009
359 F. App'x 789 (9th Cir. 2009)
Case details for

Alvarado v. Holder

Case Details

Full title:Amanda F. Rabanales ALVARADO, Petitioner, v. Eric H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 30, 2009

Citations

359 F. App'x 789 (9th Cir. 2009)