Manuel Torres Barahona v. Eric Holder, Jr.

Good Law
482 F. App'x 306
United States Court of Appeals for the Ninth CircuitSeptember 26, 201210-71318California358 words

Opinion

Opinion

MEMORANDUM

Manuel de Jesus Torres Barahona, a native and citizen of El Salvador, and Alicia Torres, a native and citizen of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo constitutional claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Torres Barahona testified that criminals he reported to police threatened to kill him and that he fears gang members will harm him because they believe he is returning to El Salvador with money. Substantial evidence supports the BIA’s denial of Torres Barahona’s asylum and withholding of removal claims because he failed to demonstrate he was or will be harmed on account of a protected ground. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir.2005).

Torres Barahona’s equal protection claim…

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