FILED
NOT FOR PUBLICATION MAR 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIO RENE DISCUA-CASTILLO, No. 07-74312
a.k.a. Mario Castillo,
Agency No. A076-705-532
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Mario Rene Discua-Castillo, a native and citizen of Honduras, 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).
KV/Research
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008),
except to the extent that deference is owed to the BIA’s determination of the
governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th
Cir. 2004). We review factual findings for substantial evidence. Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for
review.
The record does not compel the conclusion that Discua-Castillo established
extraordinary circumstances excusing the untimely filing of his asylum application.
See 8 C.F.R. § 1208.4(a)(5); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.
2007) (per curiam). Accordingly, Discua-Castillo’s asylum claim fails. In
addition, we reject Discua-Castillo’s contention that the BIA’s determination
violated due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error for due process violation).
We reject Discua-Castillo’s claim that he is eligible for withholding of
removal on account of his anti-gang political opinion, or based on his membership
in a particular social group, namely Hondurans actively opposed to gangs. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 745-47 (9th Cir. 2008). In addition,
substantial evidence supports the BIA’s finding that Discua-Castillo failed to
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establish gang members targeted him and his family on account of their familial
relationship. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 (1992).
Accordingly, because Discua-Castillo failed to demonstrate that he was
persecuted or that he fears persecution on account of a protected ground, we deny
the petition as to his withholding of removal claim. See Santos-Lemus, 542 F.3d at
748.
PETITION FOR REVIEW DENIED.
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