Blanca Chicas-De Quintanilla v. Merrick Garland


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 27 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BLANCA ESTELA CHICAS-DE No. 19-72738 QUINTANILLA, et al., Agency Nos. A208-380-927 Petitioners, A208-380-928 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 17, 2022** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Blanca Estela Chicas-De Quintanilla and her minor daughter, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision * 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). denying their application for asylum and denying Chicas-De Quintanilla’s application for withholding of removal and protection 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184- 85 (9th Cir. 2006). We deny the petition for review. Substantial evidence supports the agency’s conclusion that Petitioners failed to establish that they 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, Petitioners’ asylum claim and Chicas-De Quintanilla’s withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT protection because Chicas-De Quintanilla failed to show it is more likely than not she will be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-72738 19-72738 Court of Appeals for the Ninth Circuit ca9 9th Cir. Blanca Chicas-De Quintanilla v. Merrick Garland 27 May 2022 Agency Unpublished ef85ea899e7e03a97f10899e1668c7169f6d5cdf

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