FILED
NOT FOR PUBLICATION FEB 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SALVADOR AGUILAR-MORATAYA, No. 08-74864
Petitioner, Agency No. A098-440-141
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
San Francisco, California
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Salvador Aguilar-Morataya, a native and citizen of El Salvador, petitions for
review of a decision of the Board of Immigration Appeals dismissing his appeal
*
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).
jlf/Inventory
from the immigration judge’s denial of his applications for asylum, withholding of
removal and relief under the Convention Against Torture.
We agree with the BIA’s conclusion that petitioner has not established
eligibility for asylum based on his membership is a particular social group. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 745-47 (9th Cir. 2008) (rejecting as a
particular social group “young men in El Salvador resisting gang violence”). In
addition, substantial evidence supports the agency’s finding that petitioner did not
demonstrate the threats he received from gang members demanding money
established past persecution or a well-founded fear of future persecution on
account of his political opinion. See id. at 746-47.
Because Aguilar-Morataya failed to demonstrate that he was persecuted on
account of a protected ground, we deny the petition as to the asylum and
withholding of removal claims. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir.
2006).
Finally, we agree with the BIA that Aguilar-Morataya was not entitled to
CAT relief based on his failure to show that it is more likely than not that he would
be tortured if returned to El Salvador . See Santos-Lemus, 542 F.3d at 747-48.
PETITION FOR REVIEW DENIED.
jlf/Inventory 2 08-74864