U.S. Court of Appeals for the Ninth Circuit, 2010

Salvador Aguilar-Morataya v. Eric H. Holder Jr.

Salvador Aguilar-Morataya v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2010 · Fernandez, Gould, Smith
366 F. App'x 778

Salvador Aguilar-Morataya v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Luis Pedro Garcia-Vicente, a native and citizen of Guatemala, petitions pro se for review of a decision of the Board of Immigration Appeals dismissing his appeal from the immigration judge’s denial of his applications for asylum, and withholding of removal.

We reject Garcia-Vicente’s claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely Guatemalan males who refuse to join gangs, or based on his anti-gang political opinion. See Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a particular social group “young men in El Salvador resisting gang violence”); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009) (refusal to join a gang does not amount to political opinion.)

Accordingly, because Garcia-Vicente failed to demonstrate that he was persecuted on account of a protected ground, we deny the petition for review.

PETITION FOR REVIEW DENIED.

**

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

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