Rubenia Del Carmen Benavides-Salamonca, aka Rubenia Benavides-Salamonca, aka Rubenia… 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NOT FOR PUBLICATION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
RUBENIA DEL CARMEN
BENAVIDES-SALAMONCA, aka
Rubenia Benavides-Salamonca, aka
Rubenia Del Carmen Benavides, aka
Rubenia Del Carmen Garcia de Benavides,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73166
Agency No. A072-714-150
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.
Rubenia Del Carmen Benavides-Salamonca, a native and citizen of El
Salvador, petitions for review of the decision of the Board of Immigration Appeals
FILED
SEP 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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dismissing her appeal from the immigration judge’s denial of her applications for
asylum, withholding of removal, and relief under the Convention Against Torture
(“CAT”).
Benavides-Salamonca concedes that her asylum application was time-barred.
We reject Benavides-Salamonca’s claim that she is eligible for withholding of
removal based on her membership in a particular social group, namely individuals
who resist gang demands and report gang activities to the authorities. See Barrios
v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009) (rejecting as a particular social
group “young males in Guatemala who are targeted for gang recruitment but refuse
because they disagree with the gang’s criminal activities”); Santos-Lemus v.
Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a social group
individuals in El Salvador who resist gang violence). We also reject Benavides-
Salamonca’s withholding claim based on her imputed anti-gang political opinion.
See Santos-Lemus, 542 F.3d at 747; Molina-Morales v. INS, 237 F.3d 1048, 1051-
52 (9th Cir. 2001) (holding that persecution because of personal vendetta for
reporting local official to police is not prosecution on account of imputed political
opinion). Because Benavides-Salamonca failed to demonstrate that she was
persecuted on account of a protected ground, we deny the petition as to her

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withholding of removal claims. Barrios v. Holder, 581 F.3d 849, 856 (9th Cir.
2009).
Substantial evidence supports the agency’s denial of CAT relief because
Benavides-Salamonca failed to establish it is more likely than not that she will be
tortured if she returns to El Salvador. See Santos-Lemus, 542 F.3d at 748.
PETITION FOR REVIEW DENIED.

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