Roberto Antonio Martinez- Monzon v. ERIC H. HOLDER, Jr., Attorney General

09-71170Court of Appeals for the Ninth CircuitJan 20, 2011

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 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NOT FOR PUBLICATION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
ROBERTO ANTONIO MARTINEZ-
MONZON,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71170
Agency No. A098-654-511
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
San Francisco, California
Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges.
Roberto Antonio Martinez-Monzon, a native and citizen of El Salvador,
petitions for review of the decision of the Board of Immigration Appeals which
FILED
JAN 20 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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dismissed his appeal from the immigration judge's denial of his application for
asylum and relief under the Convention Against Torture.
We reject claim Martinez-Monzon’s claim that he is eligible for asylum
based on his membership in a particular social group, namely, victims of gang
violence by gangs that the government cannot control. See 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.”). In addition, substantial
evidence supports the agency's denial of CAT relief because Martinez-Monzon
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 El Salvador. See id. at 748.
We reject Martinez-Monzon’s due process contention regarding the BIA's
issuance of a streamlined decision because a review of the record reveals that the
BIA did not issue a streamlined decision.
PETITION FOR REVIEW DENIED.

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