Erick Amaya-Sanchez v. Eric Holder, Jr. , 425 F. App'x 595 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ERICK ERNESTO AMAYA-SANCHEZ, No. 10-71813
Petitioner, Agency No. A095-673-048
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted March 8, 2010
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Erick Ernesto Amaya-Sanchez, a native and citizen of El Salvador, petitions
for review of the decision of the Board of Immigration Appeals denying his
applications for asylum and withholding of removal.
*
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).
Amaya-Sanchez contends that he was persecuted by gangs based on his
political opinion as evidenced by his expressed opposition to gangs and his
resistance to gang recruitment. Substantial evidence supports the BIA’s
determination that Amaya-Sanchez failed to establish that any harm he suffered, or
fears, from gangs is on account of a protected ground. See INS v. Elias-Zacarias,
502 U.S. 478, 482-84 (1992) (forced recruitment by persecutors seeking to fill their
ranks is not necessarily persecution on account of political opinion); Barrios v.
Holder, 581 F.3d 849, 855-56 (9th Cir. 2009) (petitioner who resisted gang
recruitment did not establish persecution on account of social group or political
opinion); Santos-Lemus v. Mukasey, 542 F.3d 738, 747 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 10-71813