Julio Gutierrez-Rodriguez v. Loretta E. Lynch

Good Law
605 F. App'x 645
United States Court of Appeals for the Ninth CircuitMay 21, 201512-73472California290 words

Opinion

Opinion

MEMORANDUM

Daniel De Jesus Guerra-Regalado, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

In support of his withholding of removal claim, Guerra-Regalado argued to the agency that he established past persecution and a fear of future persecution from gangs on account of his membership in three particular social groups, all related to Guerra-Regalado’s familial ties to his gang-member uncle. The record does not compel the conclusion that Guerra-Regala-do established past persecution or a clear probability of future persecution on account of his membership in any of these three social groups. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (“An alien’s desire to be free from harassment by criminals motivated by theft or random violence by gang members…

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