Hernandez-Barahona v. Holder , 362 F. App'x 722 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TANIA YADIRA HERNANDEZ- No. 07-72648
BARAHONA; et al.,
Agency Nos. A098-115-865
Petitioners, A098-115-866
A098-115-867
v.
ERIC H. HOLDER Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Tania Yadira Hernandez-Barahona, and her two minor children, all natives
and citizens of Honduras, petition pro se for review of the Board of Immigration
Appeals (“BIA”) order dismissing their appeal from an immigration judge’s
*
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).
JK/Research
decision denying their application for asylum and withholding of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review factual findings for
substantial evidence, INS v. Elias Zacarias, 502 U.S. 478, 481 n.1 (1992) and we
deny the petition for review.
Substantial evidence supports the BIA’s denial of petitioners’ asylum and
withholding of removal claims, because petitioners’ fear of gangs was insufficient
to establish that they were or would be persecuted on account of a protected
ground. See Ochoa v. Gonzales, 406 F.3d 1166, 1170-72 (9th Cir. 2005)
(affirming BIA’s denial of asylum and withholding of removal where petitioners
failed to establish their persecution was on account of social group or imputed
political opinion).
PETITION FOR REVIEW DENIED.
JK/Research 2 07-72648