Background
Petitioner Jose Natanael Lopez-Morales, a native and citizen of El Salvador, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge and the Board of Immigration Appeals denied these applications. Lopez-Morales petitioned for review of the Board’s order.
The court’s reasoning
The panel concluded that the Immigration Judge and Board of Immigration Appeals decisions were supported by substantial evidence. Regarding asylum, the court found that even assuming the proposed particular social groups were cognizable, the evidence did not show membership in those groups was a central reason for persecution. The record indicated gang members left when Lopez-Morales refused to join, and there was no evidence he was viewed as property. For withholding of removal, the petitioner failed to establish a clear probability of persecution, a higher standard than asylum. For Convention Against Torture protection, the court found no evidence that past harms rose to the level of torture or that it was more likely than not he would be tortured in the future.
What it means going forward
The petition for review is denied, the temporary administrative stay of removal is lifted, and the motion for stay of removal is denied.