Ramos Barrios v. Holder

ORDER AND AMENDED OPINION

ORDER

The opinion filed May 27, 2009, is amended as follows:

567 F.3d at 456 n.5: Delete the last sentence of the footnote, which reads:

This amendment does not change the deadline for filing a petition for panel rehearing or suggestion, for rehearing en banc.

OPINION

Angel Wilfredo Ramos Barrios (“Ramos”), a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“U”) denial of his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA” or “the Act”). Following our recent precedent, we hold that Ramos is ineligible for asylum and withholding of removal because his refusal to join a gang does not make him a member of a particular social group or constitute a political opinion. We also hold as a matter of first…