Carlos Humberto Cardona Hernandez 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).
PR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS HUMBERTO CARDONA
HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-73516
Agency No. A099-577-173
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Carlos Humberto Cardona Hernandez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
summarily affirming an immigration judge’s decision denying his application for
FILED
MAR 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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asylum and withholding of removal. We have jurisdiction under 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 deny the petition for
review.
We reject Hernandez’s claim that he is eligible for asylum and withholding
of removal based upon an imputed anti-gang political opinion or his membership
in a particular social group. See 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);
Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) (a protected ground
has to be “one central reason” for persecution). Accordingly, because Hernandez
failed to demonstrate that he was persecuted on account of a protected ground, we
deny the petition as to his asylum and withholding of removal claims. See Barrios,
581 F.3d at 856.
PETITION FOR REVIEW DENIED.

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