Josseline Lisbeth Hernandez- Flores 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSSELINE LISBETH HERNANDEZ-
FLORES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71625
Agency No. A099-527-682
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Josseline Hernandez-Flores, a native and citizen of El Salvador, petitions for
review of the decision of the Board of Immigration Appeals dismissing her appeal
FILED
SEP 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71625 2
from the immigration judge’s denial of her application for asylum and withholding
of removal, and relief under the Convention Against Torture.
We reject Hernandez-Flores’s claim that she is eligible for asylum and
withholding of removal based on her anti-gang political opinion or her membership
in a particular social group of young El Salvadoreans who refuse to join gangs.
See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009); Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-47 (9th Cir. 2008). Hernandez-Flores alleged that she
has family members who were threatened and killed by the gangs due to their
resistance to gang activity, but there was no evidence that the gang was attempting
to recruit petitioner because of her family affiliation. Hernandez-Flores’s claim
that she is eligible for asylum and withholding of removal based on her
membership in a particular social group consisting of her family also fails. See
Molina-Estrada v. INS, 293 F.3d 1089, 1095 (9th Cir. 2002) (no compelling
evidence the applicant was persecuted on account of his family membership).
Because Hernandez-Flores failed to demonstrate that she was persecuted, or fears
persecution on account of a protected ground, we deny the petition for review as to
her asylum and withholding of removal claims. See Barrios, 581 F.3d at 856.
PETITION FOR REVIEW DENIED.

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