Jose Figeroa-gonzalez v. Michael Mukasey

FILED NOT FOR PUBLICATION APR 15 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JOSE CILIDONIO FIGEROA- No. 08-71747 GONZALEZ, a.k.a. Jose Celedonio Figeroa- Gonzalez, Agency No. A097-831-347

Petitioner,

MEMORANDUM * v. ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Jose Cilidonio Figeroa-Gonzalez, native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Ochoa v. Gonzales, 406 F.3d 1166, 1169 (9th Cir. 2005), we deny the petition for review.

The agency’s finding that Figeroa-Gonzalez did not establish persecution on account of a particular social group is supported by substantial evidence. See Ochoa v. Gonzales, 406 F.3d at 1171 (social group comprised of business owners in Columbia who reject narco-trafficker demands too broad to qualify as a particularized social group). Accordingly, Figeroa-Gonzalez’s asylum and withholding of removal claims fail. See id. at 1172.

Substantial evidence also supports the agency’s denial of CAT relief because Figeroa-Gonzalez failed to establish that it is more likely than not he will be tortured in El Salvador. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

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