Maritza HERNANDEZ-DIAZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent, 362 F. App'x 754

MEMORANDUM Maritza Hernandez-Diaz, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, Cerezo v. Mukasey, 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 dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Hernandez-Diaz’s contention that gang members targeted her on account of a political opinion because she failed to exhaust it before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We reject Hernandez-Diaz’s claim that she is eligible for asylum and withholding of removal based on her membership in a particular social group. See Santos-Lemus v.

Mukasey, 542 F.3d 738, 745-46 (9th Cir.2008) (rejecting social group claim based on opposition to gang violence and intimidation). Accordingly, because Hernandez-Diaz failed to demonstrate that she was persecuted on account of a protected ground, we deny the petition as to her asylum and withholding of removal claims. See id. at 748. PETITION FOR REVIEW DISMISSED in part; DENIED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.