FILED
NOT FOR PUBLICATION JUL 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID ORLANDO M-R., a.k.a. David No. 09-73198
Orlando R-M.,
Agency No. A099-532-145
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
David Orlando M-R., a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an 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
questions of law, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), except
to the extent that deference is owed to the BIA’s determination of the governing
statutes and regulations, see Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.
2004). We review for substantial evidence factual findings. Wakkary, 558 F.3d at
1056. We deny the petition for review.
Although petitioner contends he is eligible for asylum and withholding of
removal based on his membership in a particular social group, he concedes his
social group claim fails under recent case law. See Santos-Lemus v. Mukasey, 542
F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a particular social group “young men
in El Salvador resisting gang violence”); Barrios v. Holder, 581 F.3d 849, 854-55
(9th Cir. 2009) (rejecting as a particular social group “young males in Guatemala
who are targeted for gang recruitment but refuse because they disagree with the
gang’s criminal activities”). To the extent he asks us to revisit our decisions, we
decline to do so. Further, substantial evidence supports the agency’s finding that
petitioner did not establish gang members targeted him on account of his political
opinion. See Ramos-Lopez v. Holder, 563 F.3d 855, 862 (9th Cir. 2009) (rejecting
political opinion claim where petitioner “allege[d] no facts in support of a political
2 09-73198
opinion, actual or imputed, beyond his refusal to join the MS-13”). Accordingly,
we deny the petition as to his asylum and withholding claims.
Finally, substantial evidence supports the agency’s denial of CAT relief
because petitioner failed to establish it is more likely than not that he would be
tortured at the instigation or with the acquiescence of the government if removed to
El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3 09-73198