David M-R v. Eric Holder, Jr.

MEMORANDUM

David Orlando M-R., 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, see Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review for substantial evidence factual findings. Wakkary, 558 F.3d at 1056. We deny the petition for review.

Although petitioner contends he is eligible for asylum and withholding of removal based on his membership in a particular social group, he concedes his social group claim fails under recent case law. See Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir.2008) (rejecting as a particular social group “young men in El Salvador resisting gang violence”); Barrios v. Holder, 581 F.3d 849, 854-55 (9th Cir.2009) (rejecting as a particular social group…