Jorge Segovia-Guevara v. Eric Holder, Jr.

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UNPUBLISHED OPINION FILED. [09-60892 Affirmed ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 12/17/2010 [09-60892]

Jorge Segovia-Guevarase:Eric Holder, Jr.Document: 00511274112 Ca v. 09-60892

Page: 1 Date Filed: 10/26/2010

Doc. 0

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60892 S u m m a r y Calendar October 26, 2010 Lyle W. Cayce Clerk

J O R G E FAUSTINO SEGOVIA-GUEVARA, P e titio n e r v. E R I C H. HOLDER, JR., U.S. ATTORNEY GENERAL, R espon dent

P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A088 965 537

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* J o r g e Faustino Segovia-Guevara (Segovia), a native and citizen of El S a lv a d o r , petitions this court for review of the decision of the Board of I m m ig r a t io n Appeals (BIA) dismissing his appeal of the Immigration Judge's o r d e r denying his application for withholding of removal. Segovia had argued t h a t he suffered persecution in El Salvador because of his refusal to join a gang. The BIA concluded that Segovia had not shown that he was targeted for

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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Case: 09-60892 Document: 00511274112 Page: 2 Date Filed: 10/26/2010 No. 09-60892 p e r s e c u t io n in the past, or would be targeted in the future, because of his m e m b e r s h ip in a particular social group or for his political opinion. W e review the decision of the BIA and will consider the IJ's decision only t o the extent it influenced the BIA. Shaikh v. Holder, 588 F.3d 861, 863 (5th Cir. 2 0 0 9 ). "Factual findings are reviewed for substantial evidence, which requires o n ly that the BIA's decisions be supported by record evidence and be s u b s t a n t ia lly reasonable." Id. (internal quotation marks and citations omitted). " [W ]it h h o ld in g of removal is a mandatory form of relief if an alien's life or fr e e d o m would be threatened in the country of removal because of the alien's r a c e , religion, nationality, membership in a particular social group, or political o p in io n ." Shaikh, 588 F.3d at 864. An alien must show that one of these p r o t e c t e d grounds "was or will be at least one central reason for persecuting the a p p lic a n t ." Id. The determination that Segovia has not shown membership in a particular social group or political opinion is supported by the record and is s u b s t a n t ia lly reasonable. See id. at 863. Because he has not demonstrated that a n y protected ground was a central reason for the alleged persecution, Segovia h a s not demonstrated that the BIA erred in denying withholding of removal. A c c o r d in g ly , the petition for review is DENIED.

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