Oscar Mendez-Martinez v. Eric Holder, Jr.

Good Law
422 F. App'x 646
United States Court of Appeals for the Ninth CircuitMarch 21, 201109-73131California343 words

Opinion

Opinion

MEMORANDUM

Oscar Alexandre Mendez-Martinez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review for substantial evidence factual findings. Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s determination that Mendez-Martinez failed to demonstrate that he is eligible for asylum and withholding of removal based on his membership in a particular social group. See id. at 855-56 (petitioner who resisted gang recruitment did not establish persecution on account of a protected ground); Santos-Lemus v. Mukasey, 542 F.3d 738, 745-47 (9th Cir.2008).…

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