Matute-Calderon v. Holder

FILED NOT FOR PUBLICATION MAY 20 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT IRMA CRUZ MATUTE-CALDERON; et No. 07-73345 al., Agency Nos. A096-333-754 Petitioners, A096-333-753 A096-333-752 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted May 12, 2011 San Francisco, California Before: B. FLETCHER and THOMAS, Circuit Judges, and ROSENTHAL, District Judge.** Irma Cruz Matute-Calderon and her siblings, Vicente Omar Matute- Calderon and Mariela Matute-Calderon, petition for review of the immigration judge’s (“IJ”) and Board of Immigration Appeals’ (“BIA”) orders denying their * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Lee H. Rosenthal, District Judge for the U.S. District Court for Southern Texas, Houston, sitting by designation. applications for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. Because the parties are familiar with the history of the case, we need not recount it here. Matute-Calderon and her siblings claim they have a well-founded fear of persecution based on their membership in a “particular social group,” 8 U.S.C. § 1101(a)(42)(A). Because the record as developed does not establish that the claimed social group has the requisite “social visibility” and “particularity” to constitute a viable “social group” under immigration law, the BIA and IJ did not err in denying the applications. See, e.g., Ramos-Lopez v. Holder, 563 F.3d 855, 859–61 (9th Cir. 2009) (holding that young Honduran men who resisted recruitment into a Central American gang did not posses sufficient social visibility or particularity to constitute a “particular social group”). We need not and do not reach any other issues urged by the parties. PETITION DENIED. 2