FILED
NOV 22 2010
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ENRIQUE GARCIA-PENA, No. 08-70165
Petitioner, Agency No. A078-911-767
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Luis Enrique Garcia-Pena, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from the immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence factual findings. Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009).
We deny the petition for review.
We decline to consider the evidence petitioner attached to his opening brief
because our review is limited to the administrative record upon which the order of
removal is based. See 8 U.S.C. § 1252(b)(4)(A); Fisher v. INS, 79 F.3d 955, 963
(9th Cir. 1996) (en banc).
Substantial evidence supports the agency’s determination that Garcia-Pena
failed to establish the demands for money and threats from gang members he
experienced were on account of a protected ground. See Barrios, 581 F.3d at 856
(the petitioner failed to establish a political or ideological opposition to gangs or
that the gang imputed any particular belief to him, and evidence supported the
conclusion the gang victimized him for economic and personal reasons).
Accordingly, because Garcia-Pena failed to demonstrate he was persecuted or fears
persecution on account of a protected ground, we deny the petition as to his asylum
and withholding of removal claims. See id.; Ochave v. INS, 254 F.3d 859, 865 (9th
Cir. 2001) (“Asylum generally is not available to victims of civil strife, unless they
are singled out on account of a protected ground.”).
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Garcia-Pena fails to raise any substantive challenge to the denial of his CAT
claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues
not addressed in the argument portion of a brief are deemed waived).
PETITION FOR REVIEW DENIED.
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