FILED
NOT FOR PUBLICATION OCT 31 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANUEL ARRIOLA, No. 10-73663
Petitioner, Agency No. A094-464-536
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Manuel Arriola, 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 withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
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
for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182,
1184-85 (9th Cir. 2006). We deny the petition for review.
We reject Arriola’s contention that he is eligible for withholding of removal
based on his membership in a particular social group, namely, young Salvadoran
men who oppose gang membership. See Santos-Lemus v. Mukasey, 542 F.3d 738,
746-47 (9th Cir. 2008) (rejecting as a particular social group “young [men] in El
Salvador resisting gang violence”). Arriola’s arguments that Matter of S-E-G-, 24
I & N Dec. 579 (BIA 2008), was wrongly decided, and that ‘social visibility’ and
‘particularity’ are improper factors for determining a particular social group, are
unavailing. See Ramos-Lopez v. Holder, 563 F.3d 855, 860-62 (9th Cir. 2009).
Accordingly, Arriola’s withholding of removal claim fails.
PETITION FOR REVIEW DENIED.
2 10-73663