FILED
NOT FOR PUBLICATION MAR 17 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CRISTIAN COREAS-GIRON, No. 09-70577
Petitioner, Agency No. A094-917-285
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Cristian Coreas-Giron, 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 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 de novo the
BIA's legal conclusions and review for substantial evidence factual findings.
Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009). We deny the petition for
review.
Substantial evidence supports the BIA's determination that Coreas-Giron
failed to establish the extortion demands and threats from gang members were on
account of a protected ground. See id. at 856 (evidence supported conclusion that
gang victimized the petitioner for economic and personal reasons rather than on
account of a protected ground); see also Parussimova v. Mukasey, 555 F.3d 734,
740 (9th Cir. 2009) (“[t]he REAL ID Act requires that a protected ground represent
‘one central reason’ for an asylum applicant's persecution”). Accordingly,
because Coreas-Giron 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 Barrios, 581 F.3d at 856; see 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.”).
Substantial evidence also supports the agency's denial of CAT relief because
petitioners did not establish a likelihood of being tortured in El Salvador. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008).
Finally, we reject Coreas-Giron’s contention that his case should be
remanded to the BIA in order to assess the impact of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457,
122 Stat 5044. Since he lives with his mother in the United States, Coreas-Giron
fails to meet the requirement for an unaccompanied alien child - that “no parent or
legal guardian in the United States is available to provide care and physical
custody.” See 6 U.S.C. § 279(g)(2)(C)(ii).
PETITION FOR REVIEW DENIED.