FILED
sandraNOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIME MARTINEZ-PEREZ, No. 10-71024
Petitioner, Agency No. A073-980-055
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, 2010
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Jaime Martinez-Perez, a native and citizen of El Salvador, petitions for
review of a decision of the Board of Immigration Appeals, summarily affirming
the immigration judge’s denial of petitioner’s applications for asylum, withholding
of removal, and relief 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).
Martinez-Perez contends that he suffered past persecution and is entitled to
asylum and withholding relief because he was threatened and beaten by gang
members for refusing to join their gang. Petitioner also fears that Salvadoran
authorities will suspect him being involved with gangs because of his status as a
deportee returning to El Salvador.
Substantial evidence support the agency’s determination that Martinez-Perez
failed to establish that the harm he suffered, or fears, from gangs or the government
is on account of any protected ground. See INS v. Elias-Zacarias, 502 U.S. 478,
482-84 (1992) (forced recruitment by persecutors seeking to fill their ranks is not
necessarily persecution on account of political opinion); Barrios v. Holder, 581
F.3d 849, 855-56 (9th Cir. 2009) (petitioner who resisted gang recruitment did not
establish persecution on account of social group or political opinion); Arteaga v.
Mukasey, 511 F.3d 940, 944 - 46 (9th Cir. 2007) (returnees who the government
misperceive as gang members are not a “social group”). Accordingly, petitioner’s
asylum and withholding claims fail.
PETITION FOR REVIEW DENIED.
2 10-71024