U.S. Court of Appeals for the Ninth Circuit, 2009

Jose Ayala v. Eric H. Holder Jr.

Jose Ayala v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided November 30, 2009 · Alarcón, Trott, Tashima
358 F. App'x 853

Jose Ayala v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Jose Mercedes Ayala, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition for review.

The record does not compel reversal of the IJ’s conclusion that petitioner failed to establish that the harm he suffered at the hands of gang members in El Salvador was on account of a protected ground. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009) (concluding that resistance to gang activity is not a particular social group for the purpose of establishing *854 nexus to a protected ground). Accordingly, petitioner’s asylum claim fails. Id.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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