Herrera-Escobar

Herrera-Escobar v. Holder

Good Law
361 F. App'x 781
United States Court of Appeals for the Ninth CircuitJanuary 6, 2010No. 08-70321California380 words

Opinion

Lead Opinion

MEMORANDUM **

Flor Maria Herrera-Escobar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief 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.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Si-meonov 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). We deny the petition for review.

We agree with the BIA’s conclusion that, even assuming Herrera-Escobar testified credibly, she is not eligible for asylum based on her membership in a particular social group, namely, bus employee cashiers who resist criminal gang extortion. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.2009) (rejecting as a particular social group “young males in Guatemala who are targeted for gang recruitment but refuse…

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