Maria Barrera Cortez v. Eric H. Holder Jr.

Good Law
359 F. App'x 786
United States Court of Appeals for the Ninth CircuitNovember 30, 200908-74032California242 words

Opinion

Opinion

MEMORANDUM

Maria Barrera Cortez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of her 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 for substantial evidence, San tos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and we deny the petition for review.

The record does not compel reversal of the IJ’s conclusion that petitioner failed to establish that the harm she suffered at the hands of gang members in El Salvador was on account of a protected ground. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir.2009) (concluding that resistance to gang activity is not a particular social group for the purpose of establishing nexus to a protected ground); Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (personal retribution is not persecution on account of a protected ground). Accordingly, petitioner’s asylum, withholding of removal, and CAT claims fail.

We lack jurisdiction to review petitioner’s due process contention, regarding the IJ’s acceptance of…

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