Jose Medardo SANCHEZ CRUZ; Jose Isrrael Sanchez Cruz, a/k/a Jose Israel Sanchez Cruz, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 396 F. App'x 974

Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose Medardo Sanchez Cruz and Jose Isrrael Sanchez Cruz, natives and citizens of El Salvador, petition for review an order of the Board of Immigration Appeals (“Board”) dismissing their appeal from the immigration judge’s order denying their applications for asylum, withholding from removal and withholding under the Convention Against Torture. We deny the petition for review. The INA authorizes the Attorney General to confer asylum on any refugee. 8 U.S.C. § 1158(a) (2006).

It defines a refugee as a person unwilling or unable to return to his native country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A) (2006). “Persecution involves the infliction or threat of death, torture, or injury to one’s person or freedom, on account of one of the enumerated grounds. ...” Qiao Hua Li v. Gonzales, 405 F.3d 171, 177 (4th Cir.2005) (internal quotation marks and citations omitted).

An alien “bear[s] the burden of proving eligibility for asylum,” Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir.2006); see 8 C.F.R. § 1208.13(a) (2010), and can establish refugee status based on past persecution in his native country on account of a protected ground. 8 C.F.R. § 1208.13(b)(1) (2010). “An applicant who demonstrates that he was the subject of past persecution is presumed to have a well-founded fear of persecution.” Ngarurih v. Ashcroft, 371 F.3d 182, 187 (4th Cir.2004). Without regard to past persecution, an alien can establish a well-founded fear of persecution on a protected ground.

Ngarurih, 371 F.3d at 187. The well-founded fear standard contains both a subjective and an objective component. The objective element requires a showing of specific, concrete facts that would lead a reasonable person in like circumstances to fear persecution. Gandziami-Mickhou v.

Gonzales, 445 F.3d 351, 353 (4th Cir.2006). “The subjective component can be met through the presentation of candid, credible, and sincere testimony demonstrating a genuine fear of persecution.... [It] must have some basis in the reality of the circumstances and can be validated with specific, concrete facts... and it cannot be mere irrational apprehension.” Qiao Hua Li, 405 F.3d at 176 (internal quotation marks and citations omitted). A determination regarding eligibility for asylum or withholding of removal is affirmed if supported by substantial evidence on the record considered as a whole. INS v.

Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Administrative findings of fact, including findings on credibility, are conclusive unless any reasonable adjudicator would be compelled to decide to the contrary. 8 U.S.C. § 1252(b)(4)(B) (2006). Legal issues are reviewed de novo, “affording appropriate deference to the BIA’s

interpretation of the INA and any attendant regulations.” Li Fang Lin v. Mukasey, 517 F.3d 685, 691-92 (4th Cir.2008). This court will reverse the Board only if “the evidence... presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483-84, 112 S.Ct. 812; see Rusu v. INS, 296 F.3d 316, 325 n. 14 (4th Cir.2002). Furthermore, “[t]he agency decision that an alien is not eligible for asylum is ‘conclusive unless manifestly contrary to the law and an abuse of discretion.’” Marynenka v.

Holder, 592 F.3d 594, 600 (4th Cir.2010) (quoting 8 U.S.C. § 1252(b)(4)(D) (2006)). We conclude that substantial evidence supports the Board’s and the immigration judge’s finding that the Petitioners failed to establish that their fear of persecution was on account of a protected ground. See Elias-Zacarias, 502 U.S. at 482, 112 S.Ct. 812. Even if the Petitioners’ opposition to joining one of the gangs in their community can be considered a political opinion, substantial evidence supports the finding that they failed to show persecution or fear of persecution on account of that political opinion.

Similarly, the evidence supports the finding that neither was targeted or will be targeted on account of their membership in a particular social group. Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED.