Sierra-Palacios

Sierra-Palacios v. Holder

Good Law
411 F. App'x 104
United States Court of Appeals for the Ninth CircuitJanuary 21, 2011No. 07-73746California447 words

Opinion

Lead Opinion

MEMORANDUM **

Santos Ismael Sierra-Palacios, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Sierra-Palacios’s claim that the BIA erred in streamlining his case fails because the BIA did not streamline the case.

We reject Sierra-Palacios’s claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely, people who have been actively recruited by gangs but who have refused to join because they oppose gangs. See Barrios v. Holder, 581 F.3d…

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