Jose Pedro Gonzalez, aka Jose Pedro Gonzalez Menjivar v. ERIC H. HOLDER Jr., Attorney General

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).
MVD/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE PEDRO GONZALEZ, aka Jose
Pedro Gonzalez Menjivar,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-74909
Agency No. A095-140-914
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Jose Pedro Gonzalez, a native and citizen of El Salvador, petitions for
review of a Board of Immigration Appeals order dismissing his appeal from an
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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immigration judge’s decision denying his application for asylum, withholding of
removal and protection under the Convention Against Torture (CAT). We have
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 IJ’s determination that no exceptions
applied to excuse Gonzalez’s untimely asylum application. See 8 U.S.C.
§ 1158(a)(2)(B) (requiring petitioner to apply for asylum within one year of arrival
in United States unless prevented by extraordinary circumstances or changed
circumstances materially affecting eligibility for relief).
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because Gonzalez failed to show his alleged persecutors threatened him
on account of a protected ground. His 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. See
Ramos Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009); Santos-Lemus 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.”)

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Substantial evidence also supports the Board’s denial of CAT relief based on
the Board’s finding that Gonzalez 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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