NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 28 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERTO SALINAS ARIAS, AKA No. 17-70460 Roberto Salinas, Agency No. A201-289-991 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2022** San Francisco, California Before: GOULD and RAWLINSON, Circuit Judges, and ADELMAN,*** District Judge. This appeal arises from Petitioner Roberto Salinas-Arias’s challenge to the * 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). *** The Honorable Lynn S. Adelman, United States District Judge for the Eastern District of Wisconsin, sitting by designation. Board of Immigration Appeals’s (“BIA”) denial of his requests for Asylum, Withholding of Removal, and protection under the Convention Against Torture (CAT). At the time of his immigration proceedings Petitioner was a twenty-nine- year-old male citizen of El Salvador who was born in Ilobasco in El Salvador. Petitioner lived in El Salvador from birth until 2005 when he came to United States, entering without permission. Petitioner testified that he fled El Salvador because of his fear of the Mara Salvatrucha (“MS”) gang. Petitioner alleged that the MS Gang wanted to recruit him and the Gang’s recruitment efforts consistently escalated until they eventually became violent. The MS Gang’s recruitment efforts reached the pinnacle of aggression in March of 2002 when Petitioner was stopped by the MS Gang, who attempted to recruit him again. Petitioner refused and said that the gangs threatened to harm him or his family if he refused to join them. After Petitioner’s continued refusal, the recruiting gang members attacked Petitioner who was hit, punched, thrown to the ground, and hit on the ribs on both sides by about five to eight people. After the beating, Petitioner’s mother took him to the hospital to get treated for his injuries where Petitioner received over-the-counter pain medication and was discharged. After the incident in March of 2002, Petitioner was attacked roughly five more times by various MS gang members, although not as severely as the March 2002 incident. In 2005 Petitioner’s mother moved him from El Salvador into the United States. Petitioner remained in the United States and filed his request 2 for asylum in 2012. On March 10, 2016, the immigration judge (“IJ”) denied Petitioner’s application for relief and the BIA later affirmed. Petitioner seeks judicial review of the BIA’s dismissal of his appeal. Under substantial evidence review, we disagree and we deny the petition for review. We review the factual findings of the IJ and the BIA under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B). We will uphold the IJ’s and BIA’s factual findings unless any reasonable juror would be compelled to conclude to the contrary based on the evidence in the record. Bringas-Rodriguez v. …
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