Jerez-Lopez v. Holder

328 F. App'x 465

Opinion

MEMORANDUM **

Francisco Jerez-Lopez, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) decision denying his application for asylum and withholding of removal.¹ 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 Osiel-Rodas 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, 567 F.3d 451, 456-57 (9th Cir.2009); Santos-Lemus, 542 F.3d at 745-47; 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”).

We need not consider Osiel-Rodas’s challenge to the IJ’s adverse credibility finding, which the Board did not adopt.

PETITION FOR REVIEW DENIED.

Footnotes

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. Petitioner does not challenge the denial of protection under the Convention Against Torture.