EVER ARCE V. ERIC HOLDER, JR., No. 09-70892 (9th Cir. 2012)

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FILED MAR 02 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EVER VICENTE ARCE, Petitioner, No. 09-70892 Agency No. A098-264-237 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Ever Vicente Arce, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order dismissing his appeal from the immigration judge s ( IJ ) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review * 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). for substantial evidence the agency s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny the petition for review. Arce contends that gang members, during two separate robbery attempts, beat him due to his membership in a particular social group. Taking into account all of Arce s evidence, the record does not compel the conclusion that the gang members targeted him on account of a protected ground. See 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, because Arce did not show a nexus to a protected ground, his asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir. 2005). PETITION FOR REVIEW DENIED. 09-70892

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