388 F. App'x 667

Jorge Alberto BENITEZ-GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73678.

United States Court of Appeals, Ninth Circuit.

Submitted June 29, 2010.*

Filed July 19, 2010.

Elizabeth Torres, Foss and Torres, Los Angeles, CA, for Petitioner.

OIL, Claire Workman, Trial, Blair O’Connor, Assistant Director, DOJ-U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of The District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of The District *668Counsel Department Of Homeland Security, San Francisco, CA, for Respondent.

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

MEMORANDUM **

Jorge Alberto Benitez-Garcia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

We reject Benitez-Garcia’s contention that he was or will be persecuted by gangs based on his membership in a particular social group. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.2009) (rejecting argument that “young men who resist gang recruitment” constitutes a social group establishing nexus to a protected ground); Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Accordingly, his asylum and withholding of removal claims fail. See Barrios, 581 F.3d at 856.

Benitez-Garcia failed to set forth any substantive argument regarding the BIA’s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

Finally, Benitez-Garcia’s contention that both the IJ and BIA failed to consider evidence in the record fails, because he has not overcome the presumption that the agency reviewed the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006). Accordingly, his due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for due process violation).

PETITION FOR REVIEW DENIED.

Benitez-Garcia v. Holder
388 F. App'x 667

Case Details

Name
Benitez-Garcia v. Holder
Decision Date
Jul 19, 2010
Citations

388 F. App'x 667

Jurisdiction
United States

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