DocketNumber: 08-72132
Judges: Fletcher, Leavy, Rymer
Filed Date: 11/30/2009
Status: Non-Precedential
Modified Date: 11/5/2024
FILED NOT FOR PUBLICATION NOV 30 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS FOR THE NINTH CIRCUIT OSCAR ANTONIO RIVAS-CRUZ, No. 08-72132 Petitioner, Agency No. A098-039-953 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Oscar Antonio Rivas-Cruz, a native and citizen of El Salvador, petitions for review of the Board Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). RA/Research 08-72132 withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under8 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 factual findings for substantial evidence. Zehatye v. Gonzales,453 F.3d 1182
, 1184-85 (9th Cir. 2006). Substantial evidence supports the BIA’s conclusion that Rivas-Cruz’s vocal opposition to the MS-13 gang did not constitute a political opinion. See Santos- Lemus v. Mukasey,542 F.3d 738
, 746-67 (9th Cir. 2008) at 746-47 (opposition to gang activity is not a political opinion). We reject Rivas-Cruz’s claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely, young El Salvadorean males who refuse to join gangs. See Barrios v. Holder,581 F.3d 849
, 854-55 (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”); Santos-Lemus,542 F.3d at 745-46
(rejecting as a particular social group “young men in El Salvador resisting gang violence”) (internal quotation omitted). Substantial evidence also supports the BIA’s conclusion that the threats Rivas- RA/Research 2 08-72132 Cruz received from a gang member did not rise to the level of persecution. See Hoxha v. Ashcroft,319 F.3d 1179
, 1182 (9th Cir. 2003). Accordingly, because Rivas-Cruz failed to demonstrate that he suffered harm that rose to the level of persecution or that it was on account of a protected ground, we deny the petition as to his asylum and withholding of removal claims. See Barrios,581 F.3d at 855-56
. Rivas-Cruz’s contention that the BIA violated jus cogens lacks merit. Rivas-Cruz does not otherwise challenge the BIA’s denial of his CAT claim. See Martinez-Serrano v. INS,94 F.3d 1256
, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived). Considering our holding in Barrios v. Holder,581 F.3d 849
, 854-55 (9th Cir. 1999), Rivas-Cruz’ motion to remand is denied. PETITION FOR REVIEW DENIED. RA/Research 3 08-72132
Samuel Martinez-Serrano v. Immigration and Naturalization ... ( 1996 )
Selamawit Zehatye v. Alberto R. Gonzales, Attorney General ( 2006 )
Santos-Lemus v. Mukasey ( 2008 )
Todor Krumov Simeonov v. John Ashcroft, Attorney General ( 2004 )