Rafael Torres-Otamendi v. Eric H. Holder Jr. , 407 F. App'x 117 ( 2010 )

FILED
NOT FOR PUBLICATION DEC 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAFAEL TORRES-OTAMENDI, No. 08-72141
Petitioner, Agency No. A098-766-073
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.
Petitioner Rafael Torres-Otamendi, a native and citizen of Mexico, petitions
for review of a Board of Immigration Appeals order dismissing his appeal 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. We deny the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Substantial evidence supports the IJ’s denial of asylum and withholding of
removal because, even though he credibly testified, Torres-Otamendi failed to
show any threats to him on account of a protected ground. His fear of future
persecution based on an actual or imputed anti-gang or anti-crime opinion is not on
account of the protected ground of either membership in a particular social group
or political opinion. Ramos Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.
2009); Santos-Lemus v. Mukasey, 542 F.3d 748, 745-46 (9th Cir. 2008); see
Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001) (“Asylum generally is not
available to victims of civil strife, unless they are singled out on account of a
protected ground.”)
Substantial evidence also supports the IJ’s denial of CAT relief based on the
Board’s finding that Torres-Otamendi did not establish a likelihood of torture by,
at the instigation of, or with the consent or acquiescence of the Mexican
government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
2 08-72141