Angel Guzman-Cerna v. Eric Holder, Jr. ( 2010 )

FILED
NOT FOR PUBLICATION DEC 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANGEL RENE GUZMAN-CERNA, No. 09-73034
Petitioner, Agency No. A200-108-520
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
San Francisco, California
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Angel Rene Guzman-Cerna, a native and citizen of El Salvador, petitions
pro se for review of the decision of the Board of Immigration Appeals which
dismissed his appeal from the immigration judge’s denial of his application for
asylum, withholding of removal, and relief under the Convention Against Torture.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We reject Guzman-Cerna’s claim that he is eligible for asylum and
withholding of removal based on his membership in a social group consisting of
young males who resist gang recruitment. See Barrios v. Holder, 581 F.3d 849,
854 (9th Cir. 2009) (“resistance to gang membership is not a protected ground”);
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
Guzman-Cerna’s contention that he is eligible for asylum and withholding of
removal based upon his membership in a social group consisting of witnesses of
violent gang activity. See Velasco-Cervantes v. Holder, 593 F.3d 975, 978 (9th
Cir. 2010) (rejecting as a particular social group “former material witnesses for the
United States government”); see also Soriano v. Holder, 569 F.3d 1162, 1166 (9th
Cir. 2009) (rejecting a proposed social group of “government informants”).
Because Guzman-Cerna failed to demonstrate that he was, or will be, persecuted
on account of a protected ground, we deny the petition as to Guzman-Cerna’s
asylum and withholding claims. See Barrios, 581 F.3d at 856.
Substantial evidence supports the agency’s denial of CAT relief because
Guzman-Cerna 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 El Salvador. See
2 09-73034
Santos-Lemus, 542 F.3d at 748.
PETITION FOR REVIEW DENIED.
3 09-73034