Yelson Torrez-Luna v. Eric Holder, Jr. , 407 F. App'x 210 ( 2010 )


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  •                                                                            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    NOT FOR PUBLICATION                             DEC 29 2010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
    YELSON OTONIEL TORREZ-LUNA,                      No. 09-74032
    Petitioner,                        Agency No. A099-535-387
    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.
    Yelson Otoniel Torrez-Luna, a native and citizen of Honduras, petitions for
    review of the decision of the Board of Immigration Appeals which dismissed his
    appeal from the immigration judge’s denial of his applications 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 Torrez-Luna’s claim that he is eligible for asylum based on his
    membership in a particular social group, namely young men who resist gang
    recruitment. See Ramos-Lopez v. Holder, 
    563 F.3d 855
    , 858-62 (9th Cir. 2009)
    (rejecting as a social group young Honduran men resisting gangs); 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 Torrez-Luna’s claim
    that he is eligible for asylum based on his political opinion, namely his position
    that he is resistant to gangs. See INS v. Elias-Zacarias, 
    502 U.S. 478
    , 482-84
    (1992); Barrios v. Holder, 
    581 F.3d 849
    , 854-56 (9th Cir. 2009). Because Torrez-
    Luna failed to demonstrate that he was persecuted on account of a protected
    ground, we uphold the agency’s denial of his asylum and withholding of removal
    claims. 
    Id. at 856.
    In addition, substantial evidence supports the agency’s denial of CAT relief
    because Torrez-Luna 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 Honduras. See
    
    Santos-Lemus, 542 F.3d at 748
    .
    PETITION FOR REVIEW DENIED.
    2                                    09-74032
    

Document Info

Docket Number: 09-74032

Citation Numbers: 407 F. App'x 210

Judges: Goodwin, Wallace, Thomas

Filed Date: 12/29/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024