Daniel Salamanca v. Eric Holder, Jr. , 439 F. App'x 650 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANIEL DE JESUS SALAMANCA, No. 10-71569
Petitioner, Agency No. A095-791-992
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Daniel de Jesus Salamanca, a native and citizen of El Salvador, petitions pro
se for review of the decision of the Board of Immigration Appeals, affirming the
immigration judge’s denial of his application for withholding of removal, and the
pretermission of the asylum application for untimeliness.
*
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).
Salamanca contends that he suffered past persecution, and fears future
persecution because his uncle killed petitioner’s father in a dispute over land, and
threatened to kill petitioner after the uncle was released from prison. The record
does not compel the conclusion that Salamanca was persecuted or feared
persecution on account of a protected ground. Salamanca’s asylum claim was
pretermitted as untimely, and his withholding claim fails because petitioner failed
to establish any nexus between the claimed persecution and a protected ground for
purposes of withholding of removal. See INS v. Elias-Zacarias, 502 U.S. 478,
482-83 (1992).
We lack jurisdiction to consider Salamanca’s claim raised for the first time
on appeal, that his family constituted a social group, because petitioner failed to
administratively exhaust the claim. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th
Cir. 2004).
PETITION FOR REVIEW DENIED IN PART; DISMISSED IN PART.
2 10-71569