Yelson Torrez-Luna v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Yelson Torrez-Luna v. Eric Holder, Jr., 407 F. App'x 210 (9th Cir. 2010)
Goodwin, Wallace, Thomas

Yelson Torrez-Luna v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Yelson Otoniel Torrez-Luna, a native and citizen of Honduras, petitions for review of the decision of the Board of Immigration Appeals which dismissed his appeal from the immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture.

*211 We reject Torrez-Luna’s claim that he is eligible for asylum based on his membership in a particular social group, namely young men who resist gang recruitment. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009) (rejecting as a social group young Honduran men resisting gangs); 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”). We also reject Torrez-Luna’s claim that he is eligible for asylum based on his political opinion, namely his position that he is resistant to gangs. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009). Because Torrez-Luna failed to demonstrate that he was persecuted on account of a protected ground, we uphold the agency’s denial of his asylum and withholding of removal claims. Id. at 856.

In addition, substantial evidence supports the agency’s denial of CAT relief because Torrez-Luna failed to establish that it is more likely than not that he will be tortured at the acquiescence of the government if he returns to Honduras. See Santos-Lemus, 542 F.3d at 748.

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.

Reference

Full Case Name
Yelson Otoniel TORREZ-LUNA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished