Osiel-Rodas

Osiel-Rodas v. Holder

Good Law
328 F. App'x 466
United States Court of Appeals for the Ninth CircuitJuly 2, 2009No. 07-74975California256 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Osiel-Rodas, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s 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 factual findings for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and deny the petition for review.

Substantial evidence supports the Board’s denial of asylum and withholding of removal because Osiel-Rodas failed to show his alleged persecutors threatened him on account of a protected ground. His fear of future persecution based on an actual or imputed anti-gang or anti-crime opinion is not on account of the protected ground of either membership in a particular social group or political opinion. Ramos Barrios v. Holder, 567 F.3d 451, 456-58 (9th Cir.2009); Santos-Lemus, 542 F.3d at 745-47 ; see Ochave v. INS, 254 F.3d 859, 865 (9th Cir.2001) (“Asylum generally is not available to victims of civil strife, unless they are singled out on account of a protected ground”).

Substantial…

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