Aguinada-Lopez v. Lynch, No. 15-1095 (8th Cir. 2016)
Annotate this CasePetitioner, a citizen of El Salvador, seeks review of the IJ and BIA's denial of relief from removal based on asylum, withholding of removal, and withholding under the Convention Against Torture (CAT). The court concluded that the BIA did not err in rejecting petitioner's claims of persecution on account of his membership in two family-based social groups: (1) male, gang-aged family members of murdered gang members, and (2) male, gang-aged family members of his cousin. Nor is “male, gang-aged members of the Institute” a cognizable social group under the relevant statute. Therefore, the BIA did not err in denying petitioner's claim for withholding of removal. The court also concluded that the BIA properly determined that petitioner does not qualify for relief under the CAT because the same documents petitioner relies on to demonstrate police-corruption in El Salvador, also identify government efforts to end gang violence, including a stimulus program to rehabilitate gang members. Certainly, El Salvador has struggled to protect against gang violence, but it has not acquiesced to gang violence. The court denied the petition for review.
Court Description: Benton, Author, with Murphy and Kelly, Circuit Judges] Petition for Review - Immigration. None of the proposed social groups in which petitioner claimed membership had the kind of visibility and particularity required to constitute a recognizable social group, and the BIA did not err in denying petitioner's claim for withholding of removal; while El Salvador has struggled to control gang violence, it has not acquiesced to gang violence, and the BIA did not err in denying petitioner's claim for Convention Against Torture relief.
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