Opinion
No. 15-73059
06-13-2019
EVANGELINA HERNANDEZ-GARCIA, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-681-694 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 6, 2019 Portland, Oregon Before: MURGUIA and HURWITZ, Circuit Judges, and GAITAN, District Judge.
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).
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri, sitting by designation. --------
Evangelina Hernandez-Garcia, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial of an Immigration Judge ("IJ") of her application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.
1. Substantial evidence supports the denial of asylum. Hernandez claimed only that discriminatory comments were made about her because of her sexual orientation. Being "teased, bothered, discriminated against," or "harassed" does "not compel a conclusion" that a petitioner suffered past persecution. Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir. 2003). Substantial evidence also supports the BIA's conclusion that the Mexican government is neither unable nor unwilling to control mistreatment of lesbian and gay citizens. See Lolong v. Gonzales, 484 F.3d 1173, 1178-80 (9th Cir. 2007) (en banc).
2. Because Hernandez failed to satisfy the lower standard of proof required to establish eligibility for asylum, she necessarily failed to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
3. Substantial evidence supports the denial of CAT relief. Hernandez's fear of being "beaten" in Mexico, however reasonable, does not compel the conclusion that she is "more likely than not" to undergo torture. See 8 C.F.R. §§ 208.18(a)(2), 1208.16(c)(2).
PETITION DENIED.