Juan Xicara-Cotoc v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Juan Xicara-Cotoc v. Eric Holder, Jr., 471 F. App'x 748 (9th Cir. 2012)

Juan Xicara-Cotoc v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Juan Xieara-Cotoc, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the agency’s finding that Xicara-Cotoc failed to establish that he was or would be persecuted on account of a protected ground. See Barrios v. Holder, 581 F.3d 849, 855 (9th Cir. 2009); Santos-Lemus v. Mukasey, 542 F.3d 738, 744-46 (9th Cir. 2008) (applicant’s proposed social group of young Salvadoran men who resist gang violence lacks both particularity and social visibility). Accordingly, Xicara-Cotoc’s asylum and withholding of removal claims fail.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Juan XICARA-COTOC, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished