Melwanche Arief v. Eric Holder, Jr.

Good Law
470 F. App'x 573
United States Court of Appeals for the Ninth CircuitMarch 2, 201209-71825California207 words

Opinion

Opinion

MEMORANDUM

Ever Vicente Arce, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Arce contends that gang members, during two separate robbery attempts, beat him due to his membership in a particular social group. Taking into account all of Aree’s evidence, the record does not compel the conclusion that the gang members targeted him on account of a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Accordingly, because Arce did not show a nexus to a protected ground, his asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir.2005).

PETITION FOR REVIEW DENIED.

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