Mendoza-Hernandez

Mendoza-Hernandez v. Holder

Good Law
362 F. App'x 708
United States Court of Appeals for the Ninth CircuitJanuary 19, 201007-70307California321 words

Opinion

Opinion

MEMORANDUM

Jaime Javier Mendoza-Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, see Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006), and for substantial evidence the agency’s adverse credibility findings, see Rivera v. Muka-sey, 508 F.3d 1271, 1274 (9th Cir.2007). We deny in part and grant in part the petition for review.

We deny the petition for review with respect to Mendoza-Hernandez’s withholding of removal claims. Former gang members are not a protected social group. See Arteaga v. Mukasey, 511 F.3d 940, 945-46 (9th Cir.2007) (former gang members are not a protected social group). Similarly, refusal to join a gang and opposition to gang activity is not a political opinion. See Santos-Lemus v. Mukasey, 542 F.3d 738, 746-47 (9th Cir.2008) (opposition to gang activity does not constitute a political opinion); Barrios v. Holder,…

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