Juan Guebara-Cortes v. ERIC H. HOLDER, Jr., Attorney General

09-72705Court of Appeals for the Ninth Circuit27 déc. 2010

Texte intégral

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NOT FOR PUBLICATION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
JUAN GUEBARA-CORTES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72705
Agency No. A098-385-569
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.
Petitioner Juan Guebara-Cortes, a native and citizen of El Salvador, petitions
for review of a Board of Immigration Appeals order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal and protection under the Convention Against Torture (CAT). We have
jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because Guebara-Cortes failed to show his alleged persecutors
threatened him on account of a protected ground. His fear of future persecution
based on an actual or imputed anti-gang or anti-crime opinion is not on account of
the protected ground of either membership in a particular social group or political
opinion. Ramos Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009); Santos-
Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008); see Ochave v. INS,
254 F.3d 859, 865 (9th Cir. 2001) (“Asylum generally is not available to victims of
civil strife, unless they are singled out on account of a protected ground.”)
Substantial evidence also supports the Board’s denial of CAT relief based on
the Board’s finding that Guebara-Cortes did not establish a likelihood of torture by,
at the instigation of, or with the consent or acquiescence of the El Salvadoran
government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.

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