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Pablo v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 15, 2018
No. 17-70272 (9th Cir. Jun. 15, 2018)

Opinion

No. 17-70272

06-15-2018

ROSA MATIAS PABLO; et al., Petitioners, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency Nos. A206-908-860 A206-908-859 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Rosa Matias Pablo and her daughter, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals' ("BIA") order dismissing their appeal from an immigration judge's decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency's conclusion that petitioners did not establish the harm they experienced or fear was or will be on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (to establish causal nexus to a protected ground, applicant must provide some evidence of motive, direct or circumstantial); Madrigal v. Holder, 716 F.3d 499, 506 (9th Cir. 2013) ("mistreatment motivated purely by personal retribution will not give rise to a valid asylum claim"). Thus, petitioners' asylum, including humanitarian asylum, and withholding of removal claims fail.

Finally, substantial evidence supports the agency's denial of CAT relief because petitioners failed to establish it is more likely than not they would be tortured by or with the consent or acquiescence of the government of Guatemala. See Aden v. Holder, 589 F.3d 1040, 1047 (2009).

PETITION FOR REVIEW DENIED.


Summaries of

Pablo v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 15, 2018
No. 17-70272 (9th Cir. Jun. 15, 2018)
Case details for

Pablo v. Sessions

Case Details

Full title:ROSA MATIAS PABLO; et al., Petitioners, v. JEFFERSON B. SESSIONS III…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 15, 2018

Citations

No. 17-70272 (9th Cir. Jun. 15, 2018)