United States First Circuit

Petition by citizens of El Salvador for review of a BIA decision denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT), is denied where: 1) having testified against two gang members in an arson investigation did not entitle petitioner to asylum based on a fear of persecution for his political beliefs; 2) substantial evidence supported the conclusion that petitioner was not likely to be targeted based on his membership in a social group; and 3) relief under the CAT was not available where petitioner did not demonstrate a fear of being tortured at the instigation of the government.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ilana Etkin Greenstein, Jeremiah Friedman, Maureen O'Sullivan, Harvey Kaplan, Jeanette Kain, Kaplan, O'Sullivan & Friedman, LLP, L. Manuel Macias, and Office of L. Manuel Macias on brief for petitioners.


• For Appellees:
  
• Corey L. Farrell, Attorney, Office of Immigration Litigation, Gregory G. Katsas, Assistant Attorney General, Civil Division, U.S. Department of Justice, Anthony W. Norwood, Senior Litigation Counsel, on brief for respondent.