### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-60876 Summary Calendar

LILIANA ISABEL PONCE-CALIX,
Petitioner

v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A088 841 562

Before DAVIS, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM: * Honduras native Liliana Isabel P o n c e -Calix petitions for review of the Board of Immigrati o n Ap peals’ (BIA) denial of her application for asylum, withholding-of-removal, and protection under the Convention Against Torture. Sh e c h a l l e n ge s o nly th e d e ni al o f w i thh o l di ng-of-removal, however, and therefore waives any challenge to the denial of other relief. Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003). U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D Octob er 25 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 11-60876 Document: 00512033199 Page: 1 Date Filed: 10/25/2012No. 11-60876

Ponce contends her cre d ible testimony established she suffered past persecution in Honduras based on her encounters with a neighbor, Correia, and his family, which persecution was on account of her membership in a particular social group: “Honduran women who have been victims of violence or abuse by Honduran men who believe women are to live under male domina t i o n”. She asserts her testimony s h o w s h er life was threatened first by Correia and later by his parents, and this was sufficient to qualify her for withholding-of-removal. The BIA’s legal conclusions are reviewed de novo ; it s f i n di n gs of fact, under the substantial evidence test. Efe v. Ashcroft , 293 F.3d 899, 903 (5th Cir. 2002). The BIA’s determination that Ponce is not eligible for withholding-of-removal is

a finding of fact. Id. at 906. To prevail, she must show the evidence compels a contrary conclusion such that no reasonable fact-finder could have reached the BIA’s decision. Carbajal-Gonzalez v. INS , 78 F.3d 194, 197 (5th Cir. 1996). The BIA determined Ponce did not establish a nexus between any p e r s e c u t i o n i n H o n d u r a s a n d a s t a t u t o r i l y p r o t e c t e d g r o u n d

. 8 U.S.C. §1101(a)(42) ( p r otecting refugees who suffer persecution in home countries due to race , religion, nationality, soc ial group, or political opinion). The record establishes Correia and his parents acted for purely personal reasons, not because of Ponce’s membership in a n y p a r ticular social group. This renders her ineligible for relief. E.g., Thuri v. A s h c rof t , 380 F.3d 788, 792-93 (5th Cir. 2004). As the immigration judge found, Ponce’s testimony shows “her entire family”, not just the female members, was subject to threats from Correia and his parents. The evidence further establishes that her family, including her sister and children, continue to live in Honduras without incident, which undercuts her cl a i m of likely future persecution. E.g. , Eduard v. Ashcroft , 379 F.3d 182, 193 (5th Cir. 2004). DENIED.

2 Case: 11-60876 Document: 00512033199 Page: 2 Date Filed: 10/25/2012