Erick Aleman-Cabera v. Eric Holder, Jr.

MEMORANDUM

Petitioner Jose William HerreraGrande, a native and citizen of El Salva dor, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s 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 deny the petition for review.

Substantial evidence supports the Board’s denial of asylum and withholding of removal because Herrera-Grande failed to show he was or will be subject to conduct rising to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (holding that unfulfilled threats and an incident of physical violence did not establish past persecution).

Substantial evidence also supports the Board’s denial of asylum and withholding of removal because Herrera-Grande failed to show that gang members threatened him on account of a protected ground. His fear of future persecution based on an actual or imputed anti-gang or anti-crime opinion is not on account of the protected ground of either membership in a particular social group or political opinion. Ramos Barrios v. Holder,…