Filed: May 01, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 13-60517 Document: 00512614719 Page: 1 Date Filed: 05/01/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 13-60517 May 1, 2014 Summary Calendar Lyle W. Cayce Clerk MILTON ROSARIO CHICA SORTO, also known as Milton Sorto Rosario, Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A088 814 194 Before DAVIS, BENAVIDES, and PRADO,
Summary: Case: 13-60517 Document: 00512614719 Page: 1 Date Filed: 05/01/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 13-60517 May 1, 2014 Summary Calendar Lyle W. Cayce Clerk MILTON ROSARIO CHICA SORTO, also known as Milton Sorto Rosario, Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A088 814 194 Before DAVIS, BENAVIDES, and PRADO, C..
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Case: 13-60517 Document: 00512614719 Page: 1 Date Filed: 05/01/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-60517 May 1, 2014
Summary Calendar Lyle W. Cayce
Clerk
MILTON ROSARIO CHICA SORTO, also known as Milton Sorto Rosario,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A088 814 194
Before DAVIS, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: *
Milton Rosario Chica Sorto (Chica), a citizen and native of El Salvador,
petitions for review of the order of the Board of Immigration Appeals (BIA)
dismissing his appeal from the order of the immigration judge (IJ) denying his
application for withholding of removal. Chica maintains that the IJ and BIA
erred by denying his application for withholding of removal because his
testimony and the evidence of conditions in El Salvador showed that there is a
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-60517 Document: 00512614719 Page: 2 Date Filed: 05/01/2014
No. 13-60517
clear probability that, if he is removed to El Salvador, he will be persecuted by
gangs on account of his membership in the particular social group of young
men facing forcible gang recruitment. He argues that he does not have to show
that he will be singled out individually for persecution but only that there is a
pattern and practice in El Salvador of persecuting a group of persons similarly
situated to him and that he is a member of that group.
Chica’s proposed social group of young Salvadoran men facing forced
gang recruitment lacks the particularity and social visibility to constitute a
particular social group under immigration law. See Orellana-Monson v.
Holder,
685 F.3d 511, 521-22 (5th Cir. 2012). Accordingly, Chica was not
entitled to withholding of removal because he did not show a likelihood of
persecution based upon his membership in a particular social group. See
id. at
522. Chica’s petition for review is DENIED.
2