DAVID CANALES SANCHEZ V. ERIC HOLDER, JR., No. 10-71212 (9th Cir. 2012)

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FILED FEB 29 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DAVID DE JESUS CANALES SANCHEZ, aka David De Jesus Sanchez, No. 10-71212 Agency No. A094-449-419 Petitioner, MEMORANDUM * v. 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. David de Jesus Canales Sanchez, a native and citizen of El Salvador, 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 * 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). (CAT). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. Substantial evidence supports the Board s denial of asylum and withholding of removal because Sanchez failed to show his alleged persecutors threatened 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 738, 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 ); Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir. 1997) (requiring causal connection between alleged persecution and protected ground, and explaining that nexus cannot be inferred merely by acts of random violence). Substantial evidence also supports the Board s denial of CAT relief based on the Board s finding that Sanchez did not establish a likelihood of torture by, at the instigation of, or with the consent or acquiescence of the El Salvadoran government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007). PETITION FOR REVIEW DENIED. 2 10-71212

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