United States Ninth Circuit

Petition for review of dismissal of appeal of an order denying asylum and protection under the Convention Against Torture is denied where: 1) the ongoing safety of a family member in the same town prevents fear of future persecution based on family membership from being well-founded; 2) "young [men] in El Salvador resisting gang violence unstoppable by the police" is too broad and lacks the social visibility required to constitute a particular social group; and 3) petitioner did not present evidence showing it more likely than not that he would be tortured upon return to El Salvador.

Appellate Information

• Argued 06/10/2008
• Decided 09/08/2008
• Published 09/08/2008

Judges

• WALLACE, Circuit Judge:, Before:  J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen Shaiken, Law Office of Stephen Shaiken, San Francisco, CA, for the petitioner.


• For Appellees:
  
• James E. Grimes, Senior Litigation Counsel, and Erica B. Miles, Office of Immigration Litigation, Washington, D.C., for the respondent.