SANTOS GARCIA v. BARR (2020)

Marcos Antonio Santos-Garcia, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (“Board”) dismissing his appeal from the immigration judge's decision denying Santos-Garcia's applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have considered Santos-Garcia's claims after thoroughly reviewing the record and conclude that the record evidence does not compel a ruling contrary to any of the agency's factual findings, see 8 U.S.C. § 1252(b)(4)(B), and that substantial evidence supports the Board's decision, see INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). In particular, we conclude that substantial evidence supports the finding that Santos-Garcia failed to show that the El Salvadoran government was unable or unwilling to protect him from the local gang. We also conclude that there was no error in the Board's finding that Santos-Garcia's proposed social group of persons who oppose gangs in El Salvador is not cognizable or that Santos-Garcia failed to establish that he was targeted on account of an imputed political opinion.^*

Accordingly, we deny the petition for review for the reasons stated by the Board. See In re Santos-Garcia (B.I.A. Jan. 22, 2020). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

FOOTNOTES

FOOTNOTE.   Santos-Garcia does not challenge the denial of protection under the CAT in his brief. Thus, this issue is waived. See Fed. R. App. P. 28(a)(8)(A); Suarez-Valenzuela v. Holder, 714 F.3d 241, 248-49 (4th Cir. 2013) (noting issues not raised in appellate brief are abandoned).

PER CURIAM:

Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.