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JOSE LUIS URBINA-MEJIA, Petitioner-Appellant, v. ERIC H. HOLDER, JR., Respondent-Appellee. |
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On Appeal from the United States
Board of Immigration Appeals.
No. A099 762 100.
Submitted: August 24, 2009
Decided and Filed: March 5, 2010
Before: MARTIN, SILER, and MOORE, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. Jose Luis Urbina-Mejia seeks review of a Board of Immigration Appeals decision affirming an immigration judge’s denial of his applications for withholding of removal under section 241 of the Immigration and Nationality Act, 8 U.S.C. § 1231. The Board of Immigration Appeals erred in finding that Urbina-Mejia was not a member of a particular social group for which he would likely be subject to persecution should he be returned to Honduras. He was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. However, Urbina-Mejia failed to show that evidence compelled a finding that he had sufficiently corroborated his testimony with evidence or that he had not committed serious nonpolitical crimes while a member of the gang before coming to the United States. He was thus statutorily ineligible for withholding of removal. We therefore DENY Urbina- Mejia’s petition.