Rodas-Orellana v Holder

Rodas-Orellana appealed the denial of his asylum petition and motion to reconsider. The panel affirmed. It held the proposed group of El Salvadoran males who do not join gangs when recruited to do so because they oppose gangs fails to meet the statutory definition as there is no evidence El Salvador views that groups a distinct social group or that the gangs target those males particularly as opposed to going after anyone who resist them. The panel noted this conclusion is consistent with those in similar cases in other circuits. Additionally, the panel held that there no evidence that the gang targeted Rodas-Orellana for membership in a group rather than merely because the gang lashes out at those who do not do what it wants. It affirmed on the motion to reconsider holding the immigration board evaluated the only group mentioned in the briefs and the later decided cases Rodas-Orellana relies on did not change the legal framework to evaluate social group claims, his claim fails under the framework and thus remand was unnecessary.