Nuria Patricia Orellana- Martinez 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NOT FOR PUBLICATION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
NURIA PATRICIA ORELLANA-
MARTINEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73722
Agency No. A099-675-772
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Nuria Patricia Orellana-Martinez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decision denying her
application for asylum. Our jurisdiction is governed by 8 U.S.C. § 1252. We
FILED
NOV 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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), and we deny in part and dismiss
in part the petition for review.
We reject Orellana-Martinez’s claim that she is eligible for asylum based on
her membership in a particular social group, namely, individuals who have had
their lives directly threatened because of their actions in defiance of the gangs. 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”). We
also reject Orellana-Martinez’ political opinion claim based on her resistance to the
gangs. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 (1992) (resisting forced
recruitment does not necessarily constitute persecution on account of political
opinion); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009) (resistance to
gang recruitment does not constitute political opinion); Parussimova v. Mukasey,
555 F.3d 734, 740 (9th Cir. 2009) (“[t]he Real ID Act requires that a protected
ground represent ‘one central reason’ for an asylum applicant’s persecution”).
Because Orellana-Martinez failed to demonstrate that she was persecuted on

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account of a protected ground, we uphold the agency’s denial of her asylum claim.
Id. at 856.
To the extent Orellana-Martinez contends she is a member of a particular
social group of attractive young women targeted by gangs for sexual assault, we
lack jurisdiction to consider the contention because she did not exhaust it. See
Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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