Manuel Perez-Campos v. Jefferson Sessions ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL ANTONIO PEREZ-CAMPOS, No. 14-70581
Petitioner, Agency No. A087-989-876
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Manuel Antonio Perez-Campos, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals order dismissing his
appeal from an immigration judge’s decision denying his application for
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 Ninth Circuit Rule 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. See Madrigal v. Holder,
716 F.3d 499, 503 (9th Cir. 2013). We deny the petition for review.
Substantial evidence supports the agency’s conclusion that Perez-Campos
did not establish that the harm he suffered was on account of a protected ground
while enrolled in the police academy in El Salvador. See id. at 504 (concluding
active duty members of the military do not constitute a social group); see also
Cruz-Navarro v. INS, 232 F.3d 1024, 1029 (9th Cir. 2000) (“Persecution occurring
because a person is a current member of a police force or the military . . . is not on
account of one of the grounds enumerated in the Act.”). Substantial evidence also
supports the agency’s conclusion that Perez-Campos failed to establish it is more
likely than not he will be persecuted if returned to El Salvador. See Fakhry v.
Mukasey, 524 F.3d 1057, 1066 (9th Cir. 2008) (evidence did not compel a finding
that it is more likely than not petitioner would be persecuted upon his return to
Senegal). Thus, Perez-Campos’s withholding of removal claim fails.
PETITION FOR REVIEW DENIED.
2 14-70581