Background
Hector Mauricio Rivera-Carpio, a native and citizen of El Salvador, sought asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge denied these claims, and the Board of Immigration Appeals affirmed the denial. Rivera-Carpio petitioned for review in the Fifth Circuit.
The court’s reasoning
The court determined the agency adequately considered whether the petitioner’s fear of future persecution was objectively reasonable. The agency found the gang Rivera-Carpio feared did not possess a current inclination to persecute him, a finding supported by substantial evidence since his family members in El Salvador were not threatened after he fled and the gang ceased looking for him. Regarding the Convention Against Torture, the court found the harms inflicted did not rise to the level of persecution, and thus did not constitute torture. The court also noted that Salvadoran authorities investigated the reported crimes, and the lack of arrests did not amount to government acquiescence. Generalized country conditions evidence was insufficient to show it was more likely than not that he would be tortured.
What it means going forward
The denial of the petition leaves in place the Board of Immigration Appeals’ order denying asylum, withholding of removal, and Convention Against Torture relief.