Aparicio-Barrera

Aparicio-Barrera v. Holder

Good Law
362 F. App'x 710
United States Court of Appeals for the Ninth CircuitJanuary 19, 2010No. 07-70699California238 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Marvin Aparicio-Barrera, 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 findings of fact for substantial evidence, Nagoulko v. INS, 333 F.3d 1012 (9th Cir.2003), and review claims of due process violations de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the agency’s determination that Aparicio-Barrera is ineligible for asylum and withholding of removal because Aparicio-Barrera’s status as a victim of gang violence is not a protected ground. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.2009). Accordingly, Aparicio-Barrera’s asylum and withholding of removal claims fail.

Aparicio-Barrera failed to brief this court on CAT relief and has therefore waived this issue. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996).

We reject Aparicio-Barrera’s due process claim because…

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