Maritza Hernandez-Diaz 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).
KV/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARITZA HERNANDEZ-DIAZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74548
Agency No. A097-319-134
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Maritza Hernandez-Diaz, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for asylum and
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KV/Research 07-74548 2
withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th
Cir. 2008), except to the extent that deference is owed to the BIA’s determination
of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535
(9th Cir. 2004). We review factual findings for substantial evidence. Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We dismiss in part and deny in
part the petition for review.
We lack jurisdiction to consider Hernandez-Diaz’s contention that gang
members targeted her on account of a political opinion because she failed to
exhaust it before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.
2004).
We reject Hernandez-Diaz’s claim that she is eligible for asylum and
withholding of removal based on her membership in a particular social group. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting social
group claim based on opposition to gang violence and intimidation).
Accordingly, because Hernandez-Diaz failed to demonstrate that she was
persecuted on account of a protected ground, we deny the petition as to her asylum
and withholding of removal claims. See id. at 748.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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