Ayala v. Holder Jr., No. 08-71868 (9th Cir. 2011)Annotate this Case
Petitioner, a native and citizen of El Salvador, petitioned for review of a decision of the Board of Immigration Appeals ("BIA") affirming an Immigration Judge's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. At issue was whether substantial evidence supported the BIA's determination that petitioner failed to show that he was persecuted on account of his membership in a particular social group. The court held that substantial evidence supported the BIA's determination where, although petitioner was not precluded from demonstrating membership in a particular social group as a former military officer, he failed to establish that any persecution was or will be on account of his membership in such a group.