Tobar-Serrano

Tobar-Serrano v. Holder

Good Law
338 F. App'x 682
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 07-73327California370 words

Opinion

Lead Opinion

MEMORANDUM **

Adan Isai Tobar-Serrano, 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 (“IJ”) 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 de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and we review for substantial evidence factual findings, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that, even assuming Tobar-Serrano was a member of a particular social group of disabled persons, his disability was not a “central reason” why he was harmed by gang members. See Parussimova v. Mukasey, 555 F.3d 734, 740-42 (9th Cir.2009) (holding that, with respect to asylum applications governed by the REAL ID Act of 2005, motives for harm which are subordinate, incidental or tangential to other reasons for harm are insufficient to establish a nexus to a protected ground). Likewise, substantial evidence supports…

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