FILED
NOT FOR PUBLICATION SEP 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAUL JACINTO-DIAZ, No. 08-73435
Petitioner, Agency No. A200-113-461
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Saul Jacinto-Diaz, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order summarily affirming an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). Our
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction is governed by 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, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review
for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182,
1184-85 (9th Cir. 2006). We deny the petition for review.
We reject Jacinto-Diaz’s claim that he is eligible for asylum and
withholding of removal based on his anti-gang political opinion or membership in
a particular social group. See Ramos-Lopez v. Holder, 563 F.3d 855, 860-62 (9th
Cir. 2009) (concluding that young Salvadoran men who are recruited by gangs and
refuse to join is not a social group, and refusal to join gangs is not a political
opinion); Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) (“[t]he
Real ID Act requires that a protected ground represent ‘one central reason’ for an
asylum applicant’s persecution”). To the extent petitioner contends he is a member
of a particular social group distinct from that considered and rejected by the
agency, we lack jurisdiction to consider the contention because he did not exhaust
it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). Accordingly,
because Jacinto-Diaz failed to demonstrate that he was persecuted or fears future
persecution on account of a protected ground, we deny the petition as to his asylum
2 08-73435
and withholding of removal claims. See Barrios v. Holder, 581 F.3d 849, 856 (9th
Cir. 2009).
Substantial evidence supports the denial of CAT relief because Jacinto-Diaz
failed to establish it is more likely than not he will be tortured by or with the
acquiescence of the Guatemalan government. See Arteaga v. Mukasey, 511 F.3d
940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
3 08-73435