Carla Lopez-Lenario v. Eric H. Holder Jr.

Good Law
361 F. App'x 898
United States Court of Appeals for the Ninth CircuitJanuary 11, 201008-72680California297 words

Opinion

Opinion

MEMORANDUM

Carla Elizabeth Lopez-Lenario and her brother Roberto Carlos Lopez-Lenario, natives and citizens of El Salvador, petition for review of the decision of the Board of Immigration Appeals dismissing their appeal from the immigration judge’s denial of them application for asylum.

Petitioners contend that the IJ violated their due process rights by failing to consider properly the evidence of country conditions, and the BIA and IJ erred in finding that petitioners did not belong to a particular social group that merited asylum relief. Our review of the record indicates that the IJ did consider the State Department country report and other reports in the record, and we reject petitioner’s claim that there was a due process violation. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). In addition, the record does not compel reversal of the IJ’s and BIA’s conclusion that petitioners failed to establish that they were persecuted by gangs in El Salvador, or that they were members of a particular social group so as to merit asylum relief. 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…

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