Walter Hernandez-Martinez v. Eric H. Holder Jr.

MEMORANDUM

Walter Alexander Hernandez-Martinez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo claims of due process violations in immigration proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

Hernandez-Martinez fears persecution from gang members because he was a police officer in El Salvador. Substantial evidence supports the agency’s determination that Hernandez-Martinez failed to establish the government would be unable or unwilling to protect him. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Accordingly, Hernandez-Martinez’s asylum and withholding of removal claims fail.

Substantial evidence also supports the agency’s denial of CAT relief because…