FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ORELLANA-LEMUS, No. 07-72970
Petitioner, Agency No. A078-642-420
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Jose Orellana-Lemus, 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 and
*
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).
KY/Research
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
factual findings for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738,
742 (9th Cir. 2008), and deny the petition for review.
Substantial evidence supports the BIA’s denial of Orellana-Lemus’ claims
because he did not establish that his fear of persecution is on account of a protected
ground. See Arteaga v. Mukasey, 511 F.3d 940, 944-46 (9th Cir. 2007) (holding
that neither current nor former gang members constitute a particular social group);
Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir. 2001) (personal
retribution is not persecution on account of a protected ground). Accordingly, we
deny the petition as to his asylum and withholding of removal claims. See Barrios
v. Holder, 581 F.3d 849, 856 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
KY/Research 2 07-72970