Denis Sanchez-Vigil v. Eric Holder, Jr.

MEMORANDUM

Denis Omar Sanehez-Vigil, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his 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 findings of fact, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Sanehez-Vigil failed to establish gang members targeted him on account of a protected ground. See Bolshakov v. INS, 133 F.3d 1279,1280-81 (9th Cir.1998) (criminal street gang activity does not establish persecution on account of a protected ground). Accordingly, Sanchez-Vigil’s asylum and withholding of re moval claims fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir.2009).

Substantial evidence supports the BIA’s denial of CAT relief because Sanchez-Vigil failed to show it is more likely…