Francisca Enriquez-de Perez v. Eric Holder, Jr. , 381 F. App'x 722 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCA ENRIQUEZ-DE PEREZ, No. 09-70719
Petitioner, Agency No. A200-048-945
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS and W. FLETCHER, Circuit Judges.
Francisca Enriquez-de Perez, a native and citizen of El Salvador, petitions
for review of a Board of Immigration Appeals order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, withholding of
removal and protection under the Convention Against Torture (CAT). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial
evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and deny
the petition for review.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because petitioner failed to show her alleged persecutors threatened her
on account of a protected ground. Her 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,
542 F.3d at 745-46; 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 Board’s denial of CAT relief based on
the Board’s finding that petitioner did not establish a likelihood of torture by, at the
instigation of, or with the consent or acquiescence of the El Salvadoran
government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
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