Jose Huezo-Diaz v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE PEDRO HUEZO-DIAZ, a.k.a. Jose No. 09-74018
Pedro Rolando Huezo-Diaz,
Agency No. A099-476-593
Petitioner,
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.
Jose Pedro Huezo-Diaz, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection 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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review de novo
questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except
to the extent that deference is owed to the BIA’s determination of the governing
statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004).
We review for substantial evidence factual findings. Zehatye v. Gonzales, 453
F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
In his opening brief, Huezo-Diaz fails to challenge the agency’s dispositive
determination that his asylum application was untimely, and fails to raise any
substantive challenge to the agency’s denial of his CAT claim. See Ghahremani v.
Gonzales, 498 F.3d 993, 997-8 (9th Cir. 2007) (issues not raised and argued in the
opening brief are deemed waived).
We reject Huezo-Diaz’s claim that he is eligible for withholding of removal
based on his membership in a particular social group. See Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a particular social
group “young men in El Salvador resisting gang violence”); Barrios v. Holder, 581
F.3d 849, 855-56 (9th Cir. 2009) (rejecting as a particular social group “young
males in Guatemala who are targeted for gang recruitment but refuse because they
disagree with the gang’s criminal activities”). We also reject Huezo-Diaz’s claim
that he is eligible for withholding of removal based on his political opinion
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expressed by refusing to join a gang. See Barrios, 581 F.3d 849, 853 (rejecting as
a political opinion “refusal to join a gang”). Accordingly, because Huezo-Diaz
failed to demonstrate that he was persecuted or fears persecution on account of a
protected ground, we deny the petition as to his withholding of removal claim.
See Barrios, 581 F.3d 849, 856.
PETITION FOR REVIEW DENIED.
3 09-74018