Jose Mercedes Ayala v. ERIC H. HOLDER Jr., Attorney General

08-71869Court of Appeals for the Ninth CircuitNov 30, 2009

Full text

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).
jlf/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE MERCEDES AYALA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-71869
Agency No. A075-659-690
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, AND TASHIMA, Circuit Judges.
Jose Mercedes Ayala, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals' decision affirming the immigration
judge's denial of his application for asylum. We have jurisdiction under 8 U.S.C. §
FILED
NOV 30 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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jlf/Inventory 08-71869 2
1252. We review for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d
738, 742 (9th Cir. 2008), and we deny the petition for review.
The record does not compel reversal of the IJ's conclusion that petitioner
failed to establish that the harm he suffered at the hands of gang members in El
Salvador was on account of a protected ground. See Ramos-Lopez v. Holder, 563
F.3d 855, 858-62 (9th Cir. 2009) (concluding that resistance to gang activity is not
a particular social group for the purpose of establishing nexus to a protected
ground). Accordingly, petitioner's asylum claim fails. Id.
PETITION FOR REVIEW DENIED.

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