Yeni Martinez-Alegria v. Eric Holder, Jr.

MEMORANDUM

Yeni Lissette Martinez-Alegria, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 in part and dismiss in part the petition for review.

Martinez-Alegria contends that she faces persecution by gangs because she was previously targeted. We reject Martinez-Alegria’s claim that she is eligible for asylum based on her membership in a particular social group. See Barrios v. Holder, 581 F.3d 849, 852-53 (9th Cir.2009) (refusal to join gangs does not establish membership in a particular social group); Singh v.…