FILED
NOT FOR PUBLICATION JAN 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERTO ANTONIO MARTINEZ- No. 09-71170
MONZON,
Agency No. A098-654-511
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
San Francisco, California
Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges.
Roberto Antonio Martinez-Monzon, a native and citizen of El Salvador,
petitions for review of the decision of the Board of Immigration Appeals which
*
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).
dismissed his appeal from the immigration judge's denial of his application for
asylum and relief under the Convention Against Torture.
We reject claim Martinez-Monzon’s claim that he is eligible for asylum
based on his membership in a particular social group, namely, victims of gang
violence by gangs that the government cannot control. See Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a social group “young
men in El Salvador resisting gang violence.”). In addition, substantial
evidence supports the agency's denial of CAT relief because Martinez-Monzon
failed to establish that it is more likely than not that he will be tortured at the
acquiescence of the government if he returns to El Salvador. See id. at 748.
We reject Martinez-Monzon’s due process contention regarding the BIA's
issuance of a streamlined decision because a review of the record reveals that the
BIA did not issue a streamlined decision.
PETITION FOR REVIEW DENIED.