Mirna Rodriguez-Roja v. Eric Holder, Jr.

MEMORANDUM

Fausto Tellez-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 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. Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s denial of Tellez-Gareia’s withholding of removal claim because Tellez-Garcia failed to establish the harm he suffered, or fears, from criminal gangs in Mexico is on account of his membership in a particular social group. See id. at 856 (evidence supported conclusion that gang victimized the petitioner for economic and personal reasons rather than on account of a protected ground); Ochave v. INS, 254 F.3d 859, 865 (9th Cir.2001) (“Asylum generally is not available…