Yelson Torrez-Luna v. Eric Holder, Jr., No. 09-74032 (9th Cir. 2010)
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FILED DEC 29 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT YELSON OTONIEL TORREZ-LUNA, Petitioner, No. 09-74032 Agency No. A099-535-387 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. Yelson Otoniel Torrez-Luna, a native and citizen of Honduras, petitions for review of the decision of the Board of Immigration Appeals which dismissed his appeal from the immigration judge s denial of his applications 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 Torrez-Luna s claim that he is eligible for asylum based on his membership in a particular social group, namely young men who resist gang recruitment. See Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009) (rejecting as a social group young Honduran men resisting gangs); 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 Torrez-Luna s claim that he is eligible for asylum based on his political opinion, namely his position that he is resistant to gangs. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 (1992); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009). Because TorrezLuna failed to demonstrate that he was persecuted on account of a protected ground, we uphold the agency s denial of his asylum and withholding of removal claims. Id. at 856. In addition, substantial evidence supports the agency s denial of CAT relief because Torrez-Luna 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 Honduras. See Santos-Lemus, 542 F.3d at 748. PETITION FOR REVIEW DENIED. 2 09-74032
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