Opinion
19-72918
05-27-2022
XIOMARA JEANMILLETTE ORTIZ LANDAVERDE, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted May 17, 2022
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A215-815-766
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
MEMORANDUM [*]
Xiomara Jeanmillette Ortiz Landaverde, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") 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").
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review in part and dismiss it in part.
Substantial evidence supports the agency's conclusion that Ortiz Landaverde failed to establish that she would be persecuted 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, her asylum and withholding of removal claims fail. Because this aspect of the agency's determination is dispositive, we do not reach Ortiz Landaverde's remaining contentions concerning those claims.
We lack jurisdiction to consider the contentions in Ortiz Landaverde's brief regarding CAT protection because she did not exhaust them in the agency. Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
[*] 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).