Bd. did not err in affirming IJ’s denial of alien’s (citizen of El Salvador) asylum and withholding of removal applications, alleging that gang in El Salvador subjected him to past persecution on account of his membership in social groups of young males who opposed gangs on moral or religious grounds or individuals who are perceived as wealthy because of their return from U.S. Alien failed to show that gangs specifically targeted him because of his membership in either social group, since: (1) while gang likely targeted alien because of perception of alien’s wealth, there was no evidence that gang targeted him because of his return from U.S; (2) wealth alone or wealth along with deportation from U.S. are not characteristics that are cognizable as protected social groups; and (3) alien failed to show that gang was aware of his moral or religious objection to gangs. Also, gang’s infliction of series of minor injuries while extorting money from alien was insufficient to establish past persecution, especially where gang left alien alone after alien gave gang small payments. Too, alien provided only generalized and speculative fear of harm to support his claim of future persecution, where gang had not delivered on any threats to alien’s family and had not asked alien to join gang.
Federal 7th Circuit Court
Civil Court
Immigration