Orellana-Morales

Orellana-Morales v. Holder

Good Law
328 F. App'x 484
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 05-71518California254 words

Opinion

Lead Opinion

MEMORANDUM **

Frederick Alexander Orellana-Morales, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and dismiss in part the petition for review.

The record does not compel reversal of the IJ’s conclusion that Orellana-Morales failed to establish that the harm he suffered at the hands of gang members in El Salvador was on account of a protected ground. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir.2009) (concluding that young men who resist gang membership is not a particular social group for the purpose of establishing nexus to a protect *485 ed ground). Accordingly, his asylum and withholding of removal claims fail. See id. at 862 .

We lack jurisdiction to review…

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