FILED
NOT FOR PUBLICATION FEB 22 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANUEL ANTONIO DE JESUS No. 09-72053
CHAVEZ-RIVERA,
Agency No. A098-896-326
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Manuel Antonio De Jesu Chavez-Rivera, a native and citizen of El Salvador,
petitions pro se for review of the decision of the Board of Immigration Appeals
*
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).
upholding the immigration judge’s denial of Chavez-Rivera’s applications for
asylum, withholding of removal, and relief under the Convention Against Torture.
We reject Chavez-Rivera’s claim that he is eligible for asylum and
withholding of removal based on past harm by gangs and resistance to gang
recruitment, and his membership in the social group of young men who are sought
by gangs for recruitment. See Barrios v. Holder, 581 F.3d 855, 862 (9th Cir. 2009)
(refusal to join a gang does not make petitioner part of a particular social group);
Ramos-Lopez v. Holder, 563 F.3d 855, 862 (9th Cir. 2009) (young Honduran men
resisting recruitment do not constitute a particular social group); Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a social group “young
men in El Salvador resisting gang violence”). Accordingly, because petitioner
failed to demonstrate that he was persecuted or fears persecution on account of a
protected ground, his asylum and withholding of removal claims fail. See Barrios,
581 F.3d at 856.
Substantial evidence supports the BIA’s denial of Chavez-Rivera’s CAT
claim because petitioner failed to demonstrate that it is more likely than not that he
will be tortured with the acquiescence of the government if he returns to El
Salvador. See Santos-Lemus, 542 F.3d at 748.
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Chavez-Rivera’s contention that the agency deprived him of due process by
not properly considering the evidence and assessing the issues is not supported by
the record and does not constitute a colorable constitutional claim. See Martinez-
Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
PETITION FOR REVIEW DENIED.
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