Rojas-Ayala

Rojas-Ayala v. Holder

Good Law
316 F. App'x 621
United States Court of Appeals for the Ninth CircuitMarch 4, 2009No. 06-74281California345 words

Opinion

Lead Opinion

MEMORANDUM **

Alcides Rojas-Ayala, a native and citizen of Bolivia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001), and deny the petition for review.

Substantial evidence supports the IJ’s denial of asylum because Rojas-Ayala failed to show that his alleged persecutors threatened him in the past on account of a protected ground, and his fear of future criminal activity and persecution based on an actual or imputed anti-gang or anti-crime opinion is not on account of a protected ground. See id. at 865 (“Asylum generally is not available to victims of civil strife, unless they are singled out on account of a protected ground.”); see also Santos-Lenms v. Mulcasey, 542 F.3d 738, 747 (9th Cir.2008) (holding that “general aversion to gangs does not constitute a political opinion for asylum purposes”). Moreover, Rojas-Ayala’s claimed social group is…

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