United States v. 2010-10-22 | 09-71536 | ANA DIAZ-MARTINEZ V. ERIC HOLDER, JR. | nonprecedential |…

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NOT FOR PUBLICATION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
ANA CECILIA DIAZ-MARTINEZ,
Petitioner,
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71536
Agency No. A099-535-940
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
San Francisco, California
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Ana Cecilia Diaz-Martinez, a native and citizen of El Salvador, petitions pro
se for review of the decision of the Board of Immigration Appeals which dismissed
her appeal from the immigration judge’s denial of her application for asylum and
relief under the Convention Against Torture.
FILED
OCT 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71536 2
We reject Diaz-Martinez’s claim that she is eligible for asylum based on her
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 Diaz-Martinez failed to establish that it is more likely
than not that she will be tortured at the acquiescence of the government if she
returns to El Salvador. See id. at 748.
PETITION FOR REVIEW DENIED.

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