Yelson Otoniel Torrez-Luna 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NOT FOR PUBLICATION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
YELSON OTONIEL TORREZ-LUNA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-74032
Agency No. A099-535-387
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010 **
San Francisco, California
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Yelson Otoniel Torrez-Luna, a native and citizen of Honduras, petitions for
review of the decision of the Board of Immigration Appeals which dismissed his
appeal from the immigration judge’s denial of his applications for asylum,
withholding of removal, and relief under the Convention Against Torture.
FILED
DEC 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-74032 2
We reject Torrez-Luna’s claim that he is eligible for asylum based on his
membership in a particular social group, namely young men who resist gang
recruitment. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009)
(rejecting as a social group young Honduran men resisting gangs); Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a social group “young
men in El Salvador resisting gang violence”). We also reject Torrez-Luna’s claim
that he is eligible for asylum based on his political opinion, namely his position
that he is resistant to gangs. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84
(1992); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009). Because Torrez-
Luna failed to demonstrate that he was persecuted on account of a protected
ground, we uphold the agency’s denial of his asylum and withholding of removal
claims. Id. at 856.
In addition, substantial evidence supports the agency’s denial of CAT relief
because Torrez-Luna failed to establish that it is more likely than not that he will
be tortured at the acquiescence of the government if he returns to Honduras. See
Santos-Lemus, 542 F.3d at 748.
PETITION FOR REVIEW DENIED.

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