Angel Guzman-Cerna v. Eric Holder, Jr., No. 09-73034 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ANGEL RENE GUZMAN-CERNA, Petitioner, No. 09-73034 Agency No. A200-108-520 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 San Francisco, California ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Angel Rene Guzman-Cerna, a native and citizen of El Salvador, petitions pro se for review of the decision of the Board of Immigration Appeals which dismissed his appeal from the immigration judge s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. * 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). We reject Guzman-Cerna s claim that he is eligible for asylum and withholding of removal based on his membership in a social group consisting of young males who resist gang recruitment. See Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009) ( resistance to gang membership is not a protected ground ); Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting as a social group young men in El Salvador resisting gang violence ). We also reject Guzman-Cerna s contention that he is eligible for asylum and withholding of removal based upon his membership in a social group consisting of witnesses of violent gang activity. See Velasco-Cervantes v. Holder, 593 F.3d 975, 978 (9th Cir. 2010) (rejecting as a particular social group former material witnesses for the United States government ); see also Soriano v. Holder, 569 F.3d 1162, 1166 (9th Cir. 2009) (rejecting a proposed social group of government informants ). Because Guzman-Cerna failed to demonstrate that he was, or will be, persecuted on account of a protected ground, we deny the petition as to Guzman-Cerna s asylum and withholding claims. See Barrios, 581 F.3d at 856. Substantial evidence supports the agency s denial of CAT relief because Guzman-Cerna failed to establish that it is more likely than not that he will be tortured at the acquiescence of the government if he returns to El Salvador. See 2 09-73034 Santos-Lemus, 542 F.3d at 748. PETITION FOR REVIEW DENIED. 3 09-73034
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