Ayala v. Holder, 640 F.3d 1095 (9th Cir. 2011). · Go Syfert
Ayala v. Holder, 640 F.3d 1095 (9th Cir. 2011). Cases Citing This Book View Copy Cite
“must establish that any persecution was or will be on account of his membership in such group.”
256 citation events (256 in the last 25 years) across 7 distinct courts.
Strongest positive: William Urquilla-Pino v. William Barr (ca9, 2020-12-09)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) William Urquilla-Pino v. William Barr
9th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
must establish that any persecution was or will be on account of his membership in such group.
discussed Cited as authority (rule) Martinez Solis v. Garland
9th Cir. · 2024 · confidence medium
Assuming that his membership in his family is a legally cognizable social group, Hugo did not demonstrate “that any persecution was or will be on account of his membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam).
discussed Cited as authority (rule) Graciano Ruiz v. Garland
9th Cir. · 2024 · confidence medium
Mr. Graciano describes his particular social group as “male members of the Graciano family.” Even assuming that “members of the Graciano family” is a legally cognizable social group, Mr. Graciano did not demonstrate that any past or future “persecution was or will be on account of his membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (emphasis omitted).
discussed Cited as authority (rule) Rivera Padilla v. Garland
9th Cir. · 2024 · confidence medium
Even assuming that “witnesses to a heinous crime by government officials” is a legally cognizable social group, Mr. Padilla did not demonstrate “that any persecution was or will be on account of his membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (citation omitted).
discussed Cited as authority (rule) Cruz-Alvarez v. Garland
9th Cir. · 2023 · confidence medium
However, the agency properly found that one act of violence against his father thirty years ago is insufficient to demonstrate a nexus between the harm he fears and his membership 2 22-1955 in his family-based particular social group, see Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011), and that his alternative particular social group is legally incognizable, see Barbosa v. Barr, 926 F.3d 1053 , 1059–60 (9th Cir. 2019) (holding that “returning Mexicans from the United States[] . . . is too broad to qualify as a cognizable social group.”).
discussed Cited as authority (rule) Murga-Lopez v. Garland
9th Cir. · 2023 · confidence medium
Petitioners allege that they will face persecution because of their “family membership.” Although family can be a social group under § 1158(b)(1), a petitioner must show that the “persecution was or will be on account of his membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
discussed Cited as authority (rule) Manuel Fontes Garcia v. Merrick Garland
9th Cir. · 2023 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011); see 8 U.S.C. §§ 1158 (b)(1)(A), 1101(a)(42)(A). “[T]he protected ground cannot play a minor role . . . [I]t cannot 2 be incidental, tangential, superficial, or subordinate to another reason for harm.” Parussimova v. Mukasey, 555 F.3d 734, 741 (9th Cir. 2009) (citation omitted).
discussed Cited as authority (rule) James Castillo Barrios v. Merrick Garland
9th Cir. · 2023 · confidence medium
But even once membership in a particular social group is established, an applicant must show that “persecution was or will be on account of his 1 As the BIA noted, Petitioner Barrios Fuentes applied only for withholding of removal and CAT relief. 2 membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
discussed Cited as authority (rule) Kevin Hernandez Mena v. Merrick Garland
9th Cir. · 2023 · confidence medium
See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive], direct or circumstantial”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”).
discussed Cited as authority (rule) Hector Morales Gonsalez v. Merrick Garland
9th Cir. · 2022 · confidence medium
Substantial evidence supports the agency’s determination that Morales Gonsalez failed to establish that the harm he experienced or fears was or would be on account of his membership in the particular social group of “family members of Salvador Morales.” See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive], direct or circumstantial”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his m…
cited Cited as authority (rule) Misael Lopez-Salinas v. Merrick Garland
9th Cir. · 2022 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
discussed Cited as authority (rule) Jesus Jimenez v. Merrick Garland
9th Cir. · 2022 · confidence medium
See Grava v. INS, 205 F.3d 1177 , 1181 n.3 (9th Cir. 2000) (holding “[p]urely personal retribution is, of course, not persecution on account of” a protected ground); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam) (identifying no nexus to a protected ground where the record showed the petitioner was harmed for arresting a particular individual).
cited Cited as authority (rule) Rodolfo Hernandez-Mijangos v. Merrick Garland
9th Cir. · 2022 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam).
discussed Cited as authority (rule) Roberto Ramirez-Pineda v. Merrick Garland
9th Cir. · 2022 · confidence medium
“If a former police officer is singled out for reprisal, not because of his status as a former police officer, but because of his role in disrupting particular criminal activity, he is not considered, without more, to have been targeted as a member of a particular social group.” Ayala, 640 F.3d at 1098 (cleaned up); cf. 2 Madrigal v. Holder, 716 F.3d 499 , 505–06 (9th Cir. 2013) (finding former police officers were targeted as a group when gang members killed task force members without regard to their involvement in a particular enforcement operation).
discussed Cited as authority (rule) Lamercier Fienelice v. Merrick Garland
9th Cir. · 2021 · confidence medium
See Madrigal v. Holder, 716 F.3d 499, 506 (9th Cir. 2013) (noting that “mistreatment motivated purely by personal retribution will not give rise to a valid asylum claim”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”).
cited Cited as authority (rule) Bir Narayan Pun v. Merrick Garland
9th Cir. · 2021 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1096-97 (9th Cir. 2011).
discussed Cited as authority (rule) Maritza Perez-Lopez v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Even so, the BIA’s conclusion that Perez-Lopez failed to 2 establish a nexus between her membership and any past persecution is supported by substantial evidence. 1 See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam) (“[A petitioner] must establish that any persecution was or will be on account of his membership in such group.”).
discussed Cited as authority (rule) Jose Elias-Ruiz v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Substantial evidence supports the BIA’s finding that Elias “cannot establish a nexus based on family membership simply because the family exists and some family members have experienced harm.” See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
discussed Cited as authority (rule) Jesus Alvarez-Torres v. Robert Wilkinson (2×) also: Cited "see"
9th Cir. · 2021 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (emphasis in original).
discussed Cited as authority (rule) Margarito Hernandez-Sanchez v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Petitioner’s attempt to link these incidents to the basis for his withholding of removal claim is based entirely on speculation. 3 (9th Cir. 2016); Ayala v. Holder, 640 F.3d 1095, 1098 (9th Cir. 2011) (per curiam).4 Second, substantial evidence supports the BIA’s determination that the record, in its entirety, does not establish that Petitioner faces a clear probability of torture upon his return to Mexico.
discussed Cited as authority (rule) Esteban Arrioja-Vazquez v. William Barr
9th Cir. · 2020 · confidence medium
See Madrigal v. Holder, 716 F.3d 499, 506 (9th Cir. 2013) (holding that “mistreatment motivated purely by personal retribution will not give rise to a valid asylum claim”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”).
discussed Cited as authority (rule) Joselita Mazariegos Reyes v. William Barr
9th Cir. · 2020 · confidence medium
See Madrigal v. Holder, 716 F.3d 499, 506 (9th Cir. 2013) (holding that “mistreatment motivated purely by personal retribution will not give rise to a valid asylum claim”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of [her] membership in such group”).
discussed Cited as authority (rule) Wadner Lamarre v. William Barr
9th Cir. · 2020 · confidence medium
See Pagayon v. Holder, 675 F.3d 1182, 1191 (9th Cir. 2011) (a personal dispute, standing alone, does not constitute persecution on account of a protected ground); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group.”).
discussed Cited as authority (rule) Elia Ramos-Lopez v. William Barr
9th Cir. · 2020 · confidence medium
See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive], direct or circumstantial.”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”).
discussed Cited as authority (rule) Rogelio Silva-Estrada v. William Barr (2×) also: Cited "see, e.g."
9th Cir. · 2020 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
cited Cited as authority (rule) Xuesong Lin v. William Barr
9th Cir. · 2019 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam).
cited Cited as authority (rule) Carlos Reanos-Morel v. William Barr
9th Cir. · 2019 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1098 (9th Cir. 2011).
discussed Cited as authority (rule) Jose Hernandez-Morales v. William Barr
9th Cir. · 2019 · confidence medium
See Singh v. Holder, 764 F.3d 1153, 1159 (9th Cir. 2014) (establishing nexus between persecution and an imputed political opinion requires a showing that persecutors believed the applicant held a political opinion and targeted him because of it); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group” (emphasis in original)); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from …
discussed Cited as authority (rule) Juan Lopez Napoles v. Jefferson Sessions (2×) also: Cited "see"
9th Cir. · 2018 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011).
discussed Cited as authority (rule) Oscar Arevalo-Jaimes v. Jefferson Sessions (2×) also: Cited "see"
9th Cir. · 2018 · confidence medium
We review for substantial evidence the agency’s factual findings, Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011), and we deny the petition for review.
discussed Cited as authority (rule) Benito Camacho v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
See Bolshakov v. INS, 133 F.3d 1279, 1281 (9th Cir. 1998) (no nexus to a protected ground where the evidence “at most shows that [petitioners] had been the victim of criminal activity”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in sueh group” (emphasis in original)).
discussed Cited as authority (rule) Amartsengel Sanjaa v. Jefferson Sessions (2×) also: Cited "see"
9th Cir. · 2017 · confidence medium
The Ninth Circuit has recognized “that a particular social group of former officers is conceivable.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (emphasis added).
discussed Cited as authority (rule) Wilfredo Reyes v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
An asylum or withholding applicant's burden includes (1) “demonstrating the existence of a cognizable particular social group,” (2) "his membership in that particular social group,” and (3) "a risk of persecution on account of his membership in the specified particular social group.” Matter of W-G-R-, 26 I. & N. Dec. at 223 (citing Ayala v. Holder, 640 F.3d 1095, 1097-98 (9th Cir. 2011)).
discussed Cited as authority (rule) David Palma-Chavez v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
However, even if Palma were a member of such a group, he has not contested before this court the Board’s conclusion that his withholding claim nonetheless fails because of insufficient evidence that “any persecution was or will be on account of his membership in such group.” Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.. 2011) (per curiam) (emphasis in original).
discussed Cited as authority (rule) Luis Lemus v. Loretta E. Lynch (2×) also: Cited "see"
9th Cir. · 2016 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011).
cited Cited as authority (rule) Escobar-Johnson v. Lynch
9th Cir. · 2015 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (per curiam).
discussed Cited as authority (rule) Teresa Luna v. Loretta E. Lynch (2×)
9th Cir. · 2015 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam).
cited Cited as authority (rule) Guzman-Urbano v. Lynch
9th Cir. · 2015 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (per curiam).
discussed Cited as authority (rule) Jose Cruz v. Eric Holder, Jr.
9th Cir. · 2015 · confidence medium
See Tapia Madrigal v. Holder, 716 F.3d 499, 505 (9th Cir.2013) (concluding that petitioner could potentially establish that his “persecution was on the basis of his membership in the particular social group of ‘former Mexican army soldiers who participated in anti-drug activity3 ”); Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (“[FJormer [military] officers may be members of a cognizable social group.”).
cited Cited as authority (rule) Ganbold Tsegmed v. Loretta E. Lynch
9th Cir. · 2015 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011).
discussed Cited as authority (rule) Kyung Min v. Eric Holder, Jr. (2×) also: Cited "see"
9th Cir. · 2014 · confidence medium
We review for substantial evidence factual findings, Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (per curiam), and we deny the petition for review.
discussed Cited as authority (rule) Miriam Hernandez-Orellana v. Eric Holder, Jr. (2×) also: Cited "see"
9th Cir. · 2014 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (per curiam).
cited Cited as authority (rule) Jaime Gutierrez-Delreal v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.2011) (per curiam).
cited Cited as authority (rule) Silvana Paloka v. Eric H. Holder, Jr.
2d Cir. · 2014 · confidence medium
See, e.g., Cece v. Holder, 733 F.3d 662, 668 (7th Cir.2013) (in banc); Ayala v. Holder, 640 F.3d 1095, 1096-97 (9th Cir.2011); Castaneda-Castillo v. Holder, 638 F.3d 354, 363 (1st Cir.2011).
discussed Cited as authority (rule) Victor Tapia Madrigal v. Eric Holder, Jr. (2×) also: Cited "see"
9th Cir. · 2013 · confidence medium
Although mistreatment motivated purely by personal retribution will not give rise to a valid asylum claim, see Ayala v. Holder, 640 F.3d 1095, 1098 (9th Cir.2011), if a retributory motive exists alongside a protected motive, an applicant need show only that a protected ground is “one central reason” for his persecution. 8 U.S.C. § 1158 (b)(l)(B)(i). 3 For example, in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), we held that Salvadorans who testified in open court against drug cartels could constitute a particular social group, and we faulted the BIA for “failfing] …
cited Cited "see" Monjaras-Segovia v. Blanche
9th Cir. · 2026 · signal: see · confidence high
See Ayala v. Holder, 640 F.3d 1095, 1098 (9th Cir. 2011) (per curiam).
discussed Cited "see" Reyes-Torres v. Bondi
9th Cir. · 2026 · signal: see · confidence high
See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”).
discussed Cited "see" Orrego Prieto v. Bondi
9th Cir. · 2025 · signal: see · confidence high
See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”).
discussed Cited "see" Andres-Cristobal De Ramon v. Bondi
9th Cir. · 2025 · signal: see · confidence high
See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (an applicant must show that “persecution was or will be on account of his membership in such group”) (emphasis in original).
discussed Cited "see" Hernandez Garcia v. Bondi
9th Cir. · 2025 · signal: see · confidence high
See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (an applicant must show that “persecution was or will be on account of his membership in such group”) (emphasis in original); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”).
Retrieving the full opinion text from the archive…
Herberth Noel AYALA, Petitioner,
v.
Eric H. HOLDER Jr., Attorney General, Respondent
08-71868.
Court of Appeals for the Ninth Circuit.
May 19, 2011.
640 F.3d 1095
Frank P. Sprouls, Law Office of Ricci and Sprouls, San Francisco, CA, for the petitioner-appellant., Gregory G. Katsas, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, Susan Bennett Green and Edward Earl Wiggers, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent-appellee.
Fisher, Tallman, Tarnow.
Cited by 235 opinions  |  Published

OPINION

PER CURIAM:

Herberth Noel Ayala, a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s denial of his applications for asylum, withholding of removal and protection under the Convention Against Torture. He alleges that, during his past service as a military officer, he investigated drug crimes, and that after he was discharged he was attacked and threatened by drug dealers he had personally arrested. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

We review de novo questions of law, including whether a group constitutes a[*1097] “particular social group” under the Immigration and Nationality Act (INA). See Perdomo v. Holder, 611 F.3d 662, 665 (9th Cir.2010). We examine the BIA’s factual findings, including whether a petitioner was persecuted on account of his membership in a “particular social group,” under the substantial evidence standard. See INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); Santos-Lemus v. Mukasey, 542 F.3d 738, 742-43 (9th Cir.2008).

To establish eligibility for asylum, an applicant must demonstrate that “race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.” 8 U.S.C. § 1158(b)(l)(B)(i). In this case, Ayala claims past persecution and a fear of future persecution on account of his membership in a particular social group of former military officers who suffer reprisals based on their prior prosecution of wrongdoers.

Because Ayala was a former officer when the relevant incidents took place, he is not precluded from establishing a cognizable social group under the INA. Although in Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991), we held “that the military is not a social group qualifying its servicemen or former servicemen for asylum eligibility,” we later recognized that former officers may be members of a cognizable social group. See Cruz-Navarro v. INS, 232 F.3d 1024, 1029 (9th Cir.2000) (“Persons who are persecuted because of their status as a former police or military officer, for example, may constitute a cognizable social group under the INA.”); Velarde v. INS, 140 F.3d 1305, 1311 (9th Cir.1998) (“Velarde’s status [as a former bodyguard to the Presidential family] ‘is in fact an immutable characteristic’ which can provide the basis for finding ‘persecution on account of political opinion or membership in a social group.’ ”) (quoting Matter of Fuentes, 19 I. & N. Dec. 658, 662 (B.I.A.1988)), superseded by statute on other grounds as stated in Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 n. 9 (9th Cir.2003); Chanco v. INS, 82 F.3d 298, 303 (9th Cir.1996) (“Chanco is correct that reprisals against former military officers can provide a basis for granting asylum.”).

Moreover, the BIA has concluded, in Matter of C-A-, 23 I. & N. Dec. 951 (B.I.A.2006), that a particular social group of former officers is conceivable. According to C-A- “[w]ere a situation to develop in which former police officers were targeted for persecution because of the fact of having served as police officers, a former police officer could conceivably demonstrate persecution based upon membership in a particular social group of former police officers.” Id. at 958-59. We defer to the BIA’s interpretation of “particular social group” and adopt C-A-’s analysis. See Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Seros., 545 U.S. 967, 982-83, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005).

Nonetheless, although Ayala is not precluded from demonstrating membership in a particular social group, he is still not entitled to relief. Even assuming Ayala’s proposed social group is both “socially visible” and “particular,” Ayala must establish that any persecution was or will be on account of his membership in such group. See Santos-Lemus, 542 F.3d at 743-44. “[I]t is not enough to simply identify the common characteristics of a statistical grouping of a portion of the population at risk. Rather, ... there must be a showing that the claimed persecution is on account of the group’s identifying characteristics.” Matter of E-A-G-, 24 I. & N.[*1098] Dec. 591, 595 (B.I.A.2008) (internal citations and quotation marks omitted).

Substantial evidence supports the BIA’s determination that Ayala failed to make this showing. Rather than demonstrating that Ayala was persecuted on account of his membership in a particular social group, the evidence demonstrates that Ayala was only shot at and threatened because, while an officer, he had arrested a particular drug dealer. Though disturbing, this type of persecution is not cognizable under the INA. See C-A-, 23 I. & N. Dec. at 958-59 (“[I]f a former police officer [is] singled out for reprisal, not because of his status as a former police officer, but because of his role in disrupting particular criminal activity, he [is] not ... considered, without more, to have been targeted as a member of a particular social group.”); see also Cruz-Navarro, 232 F.3d at 1030.

Because Ayala has failed to establish eligibility for asylum, he necessarily fails to establish eligibility for withholding of removal. See Cruz-Navarro, 232 F.3d at 1031. Finally, because there is no indication that Ayala will be tortured upon return to El Salvador, or that any mistreatment he might suffer upon return will be inflicted with the consent or acquiescence of Salvadoran public officials, he is not entitled to protection under the Convention Against Torture. See Arteaga v. Mukasey, 511 F.3d 940, 948 (9th Cir.2007).

PETITION FOR REVIEW DENIED.