Rivas-Cruz

Rivas-Cruz v. Holder

Good Law
359 F. App'x 688
United States Court of Appeals for the Ninth CircuitNovember 30, 2009No. 08-72132California414 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Antonio Rivas-Cruz, a native and citizen of El Salvador, petitions for review of the Board Immigration Appeals’ (“BIA”) 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 de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. *689 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 factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006).

Substantial evidence supports the BIA’s conclusion that Rivas-Cruz’s vocal opposition to the MS-13 gang did not constitute a political opinion. See Santos-Lemus v. Mukasey, 542 F.3d 738, 746-47 (9th Cir.2008) (opposition to gang activity is not a political opinion). We reject Rivas-Cruz’s claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely, young El Salvadorean males who…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.