Jose Lopez-Enrique v. Eric H. Holder Jr.

MEMORANDUM

Manuel Garcia-Galvez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider petitioner’s claim that the IJ erred by excluding certain documents from the record. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

We reject petitioner’s claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely, El Salvadoreans who refuse to join gangs and are consequently threatened. See Barrios v.…