Jazmine H. v. Eric H. Holder Jr. , 418 F. App'x 626 ( 2011 )

FILED
UNITED STATES COURT OF APPEALS MAR 04 2011
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
JAZMINE H.; SARAI H.; BRYAN H., No. 08-75129
Petitioners, Agency Nos. A098-892-711
A098-892-712
v. A098-892-713
ERIC H. HOLDER, Jr., Attorney General,
ORDER
Respondent.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Petitioners' petition for panel rehearing is granted and the memorandum
disposition filed on October 28, 2010, is withdrawn. A replacement memorandum
disposition is being filed concurrently with this order.
FILED
NOT FOR PUBLICATION MAR 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
JAZMINE HERNANDEZ MARÏUEZ et No. 08-75129
al.,
Agency Nos. A098-892-711
Petitioners, A098-892-712
A098-892-713
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Jazmine Hernandez-Marquez and her siblings, natives and citizens of El
Salvador, petition for review of the Board of Immigration Appeals' ('BIA') order
dismissing their appeal from an immigration judge's ('IJ') decision denying their
application for asylum and withholding of removal. Our jurisdiction is governed
*
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).
by 8 U.S.C. y 1252. We review de novo questions of law, Cerezo v. Muµasey, 512
F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the
BIA's determination of the governing statutes and regulations, Simeonov v.
Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review factual findings for
substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006). We deny the petition for review.
We reject petitioners' claim that they are eligible for asylum and
withholding of removal based on their membership in a particular social group,
namely, young people targeted for recruitment or otherwise threatened by gangs in
El Salvador. See Santos-Lemus v. Muµasey, 542 F.3d 738, 745-46 (9th Cir. 2008)
(rejecting as a particular social group 'young men in El Salvador resisting gang
violence'); Ramos-Lopez v. Holder, 563 F.3d 855, 861-62 (9th Cir. 2009)
(rejecting as a particular social group 'young Honduran men who have been
recruited by [a gang], but who refuse to join'); see Parussimova v. Muµasey, 555
F.3d 734, 740-41 (9th Cir. 2009) ('The Real ID Act requires that a protected
ground represent 'one central reason' for an asylum applicant's persecution').
We lacµ jurisdiction to consider petitioners' social group claims based on
their parents living in the United States and based on their gender, because
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petitioners did not argue these as distinct social groups to the IJ or the BIA. See
Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Accordingly, because petitioners failed to demonstrate they were persecuted
on account of a protected ground, we deny the petition as to their asylum and
withholding of removal claims. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir.
2009).
PETITION FOR REVIEW DENIED.
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