Jose Antonio DEL CID-MAZARIEGOS, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent, 362 F. App'x 791

MEMORANDUM Jose Antonio Del Cid-Mazariegos, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 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 deny in part and dismiss in part the petition for review. We reject Del Cid-Mazariegos’ claim that he is eligible for asylum and withholding of removal based on his membership in a particular social group, namely, Guatemalan males who refuse to join gangs, or based on his anti-gang political opinion. See Santos-Lemus v.

Mukasey, 542 F.3d 738, 745-46 (9th Cir.2008) (rejecting as a particular social group “young men in El Salvador resisting gang violence”) (internal quotation omitted); Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.2009) (refusal to join a gang does not amount to political opinion.) Accordingly, because Del Cid-Mazarie-gos failed to demonstrate that he was persecuted on account of a protected ground, we deny the petition as to his asylum and withholding of removal claims. See id. at 856. We lack jurisdiction to consider Del Cid-Mazariegos’ CAT claim because he did not exhaust it before the agency. See Barron v.

Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). PETITION FOR REVIEW DENIED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.