Jose Amaya-Granados v. Eric H. Holder Jr.

Good Law
448 F. App'x 694
United States Court of Appeals for the Ninth CircuitAugust 22, 201108-74837California367 words

Opinion

Opinion

MEMORANDUM

Jose Amaya-Granados, 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 decision denying his application for asylum and withholding of removal. 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.

Substantial evidence supports the agency’s finding that the threats Amaya-Granados experienced did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000). We reject Amaya-Granados’ claim that he is eligible for asylum and withholding of removal based on his anti-gang political opinion or membership in a particular social group of young men in El Salvador who resist gang recruitment. See Barrios v.…

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