Roberto Martinez-Monzon v. Eric Holder, Jr., No. 09-71170 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 20 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROBERTO ANTONIO MARTINEZMONZON, No. 09-71170 Agency No. A098-654-511 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** San Francisco, California Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges. Roberto Antonio Martinez-Monzon, a native and citizen of El Salvador, petitions for review of the decision of the Board of Immigration Appeals which * 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). dismissed his appeal from the immigration judge's denial of his application for asylum and relief under the Convention Against Torture. We reject claim Martinez-Monzon s claim that he is eligible for asylum based on his membership in a particular social group, namely, victims of gang violence by gangs that the government cannot control. See 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. ). In addition, substantial evidence supports the agency's denial of CAT relief because Martinez-Monzon 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 id. at 748. We reject Martinez-Monzon s due process contention regarding the BIA's issuance of a streamlined decision because a review of the record reveals that the BIA did not issue a streamlined decision. PETITION FOR REVIEW DENIED.

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