Filed: Dec. 28, 2009
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION DEC 28 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTHA ALVAREZ-GUILLEN, AKA No. 08-72613 Delia Alvarez-Guillen, Agency No. A098-897-295 Petitioner, v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 15, 2009 ** Before: GOODWIN, WALLACE and FISHER, Circuit Judges. Martha Alvarez-Guillen, a native and c
Summary: FILED NOT FOR PUBLICATION DEC 28 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTHA ALVAREZ-GUILLEN, AKA No. 08-72613 Delia Alvarez-Guillen, Agency No. A098-897-295 Petitioner, v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 15, 2009 ** Before: GOODWIN, WALLACE and FISHER, Circuit Judges. Martha Alvarez-Guillen, a native and ci..
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FILED
NOT FOR PUBLICATION DEC 28 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARTHA ALVAREZ-GUILLEN, AKA No. 08-72613
Delia Alvarez-Guillen,
Agency No. A098-897-295
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Martha Alvarez-Guillen, a native and citizen of El Salvador, petitions for
review of a Board of Immigration Appeals order dismissing her appeal from an
immigration judge’s (IJ) decision denying her application for asylum, withholding
*
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).
MVD/Inventory
of removal and protection under the Convention Against Torture (CAT). We have
jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial
evidence, Santos-Lemus v. Mukasey,
542 F.3d 738, 742 (9th Cir. 2008), and deny
the petition for review.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because Alvarez-Guillen failed to show her alleged persecutors
threatened her on account of a protected ground. Assuming Alvarez-Guillen raised
her claim of membership in a social group before the IJ, her 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. See Ramos Barrios v. Holder,
581 F.3d 849, 854-56 (9th Cir.
2009); Santos-Lemus at 745-46; 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 Alvarez-Guillen 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.
MVD/Inventory 2 08-72613