Gerardo Fuentes v. Eric H. Holder Jr. , 420 F. App'x 734 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GERARDO ANTONIO FUENTES, No. 08-72557
Petitioner, Agency No. A088-735-504
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Gerardo Antonio Fuentes, a native and citizen of Honduras, petitions pro se
for review of the decision of the Board of Immigration Appeals denying his
applications for 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).
Fuentes contends that he was persecuted by street gangs when he refused to
join their organization, and alleges that the gangs are still actively looking for him.
Substantial evidence supports the BIA’s finding that the beatings and harassment
that Fuentes received from gang members seeking to recruit him did not establish
past persecution on account of a protected ground, or a well-founded fear of future
persecution. See Ramos-Lopez v. Holder, 563 F.3d 855, 858 (9th Cir. 2009)
(holding that young men who resist gang recruitment do not constitute a particular
social group, and refusal to join a gang does not amount to a political opinion).
Substantial evidence also supports the BIA’s denial of CAT relief because
Fuentes has not established it is more likely than not that he will be tortured by or
with the acquiescence of the Honduran government. See Silaya v. Mukasey, 524
F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 08-72557