Rafael Torres-Otamendi v. Eric H. Holder Jr., No. 08-72141 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAFAEL TORRES-OTAMENDI, Petitioner, No. 08-72141 Agency No. A098-766-073 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 ** Before: GOODWIN, WALLACE and THOMAS, Circuit Judges. Petitioner Rafael Torres-Otamendi, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge s 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 deny the petition for review. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Substantial evidence supports the IJ s denial of asylum and withholding of removal because, even though he credibly testified, Torres-Otamendi failed to show any threats to 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, 581 F.3d 849, 854-56 (9th Cir. 2009); Santos-Lemus v. Mukasey, 542 F.3d 748, 745-46 (9th Cir. 2008); 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. ) Substantial evidence also supports the IJ s denial of CAT relief based on the Board s finding that Torres-Otamendi did not establish a likelihood of torture by, at the instigation of, or with the consent or acquiescence of the Mexican government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007). PETITION FOR REVIEW DENIED. 2 08-72141

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