Herrera-Escobar

MEMORANDUM

Giovanni Alexander Pineda and Mirna Garcia Pineda, husband and wife and natives and citizens of El Salvador, petition for review of a Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their 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, Cerezo v. Mulcasey, 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 factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

We reject the Pinedas’ claim that they are eligible for asylum and withholding of removal based on Giovanni Pineda’s membership in a particular social group, namely, young El Salvadorean males retaliated against for refusing to join gangs, or on account of his anti-gang political opinion. See Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir.2008) (rejecting as a…