Jose Calderon-Monroy v. Eric Holder, Jr.

MEMORANDUM

Jose Francisco Calderon-Monroy, a native and citizen of El Salvador, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”), affirming the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

We reject Calderon-Monroy’s claim that he is eligible for asylum based on his anti-gang political opinion and membership in a particular social group. See Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009) (refusal to join gangs does not constitute a political opinion or membership in a particular social group); Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir.2008) (“young men in El Salvador resisting…