Maria Martinez Cartagena v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket21-70503
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 28 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA FILOMENA MARTINEZ No. 21-70503
CARTAGENA; N.A.C.M.,
Agency Nos.
Petitioners,
A208-601-968
v. A208-601-969
TODD BLANCHE, Attorney General,
MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 26, 2026**
Pasadena, California
Before: R. NELSON and H.A. THOMAS, Circuit Judges, and MARTÍNEZ-
OLGUÍN, District Judge.***
Maria Filomena Martinez Cartagena and her minor child are natives and
citizens of El Salvador. They petition for review of a decision of the Board of
*
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 Araceli Martínez-Olguín, United States District Judge
for the Northern District of California, sitting by designation.
Immigration Appeals (“BIA”) dismissing an appeal from an order by an
Immigration Judge (“IJ”) (collectively, the “Agency”) denying Cartagena’s
applications for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”).1 We have jurisdiction under 8 U.S.C.
§ 1252. We deny the petition.
Where the BIA adopts the decision of the IJ, citing Matter of Burbano, 20 I.
& N. Dec. 872 (BIA 1994), and adds its own reasoning, we review both decisions.
Posos-Sanchez v. Garland, 3 F.4th 1176, 1182 (9th Cir. 2021). We review the
BIA’s legal conclusions de novo, and we “review the BIA’s factual determinations
for substantial evidence, meaning we may reverse only if the evidence compels a
conclusion contrary to the BIA’s.” Umana-Escobar v. Garland, 69 F.4th 544, 550
(9th Cir. 2023).2
1. Substantial evidence supports the Agency’s denial of Cartagena’s asylum
and withholding of removal claims. Cartagena fails to point to evidence in the
record that compels reversal of the Agency’s determination that she failed to
1
Cartagena’s minor child is a derivative beneficiary of her asylum
application. The minor child did not file separate applications for withholding of
removal and CAT protection.
2
Cartagena argues that we must review the Agency’s conclusions de novo
because the BIA issued a streamlined decision. But the BIA did not issue a
streamlined affirmance. See Abebe v. Gonzales, 432 F.3d 1037, 1040 n.3 (9th Cir.
2005) (en banc) (clarifying that the BIA’s affirmance citing Matter of Burbano
differs from a streamlined affirmance).
2
establish a nexus between any past harm or future fear of harm and her proposed
particular social group, “Salvadoran women who have suffered threats and
extortion by the gangs.” See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010)
(holding that 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”). The record supports the Agency’s conclusion that the gang
members were solely motivated to threaten Cartagena’s partner due to their desire
to obtain money. Cartagena testified that the written notes her partner received
threatened harm only if her partner did not pay the requested money. And on
appeal, Cartagena concedes that the gang members issued the threats because they
were “demanding money.”
2. Cartagena does not meaningfully dispute the Agency’s CAT protection
determination. She has therefore forfeited this issue. See Hernandez v. Garland, 47
F.4th 908, 916 (9th Cir. 2022) (holding that arguments not argued “specifically and
distinctly” in an opening brief are deemed forfeited (citation modified)).
PETITION DENIED.3
3
Cartagena’s motion to stay removal, Dkt. No. 1, is denied. The temporary
stay of removal is lifted.
3