# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 19

- 60298 Summary Calendar

**Engelbert Felix Carbajal**

**- Betanco,**  also known as **Engelbert Felix Carvajal** 

**- Betanco,** 

Petitioner **,**

versus

**William P. Barr,** U.S. Attorney General **,** Respondent

**.**

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A096 180 187

Before **Higginbotham, Jones,** and **Costa ,**  Circuit Judges

**. Per Curiam**  **:** * Engelbert Carbajal

- Betanco , a native and citizen of El Salvador, petitions for review of an immigration judge’s decision affirming an asylum officer’s determination that he lacked a reasonable fear of persecution or

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED Dec ember 3, 2020 Lyle W. Cayce Clerk Case: 19-60298 Document: 00515659781 Page: 1 Date Filed: 12/03/2020No. 19

- 60298

2 torture

. On appeal, he presents claims that pertain only to the determination that he lacked a reasonable fear of persecution. Therefore, he has abandoned any challenge to the determination that he failed to demonstrate that he was

more likely than not to be tortured upon his return to El Salvador. See Chambers v. Mukasey , 520 F.3d 445, 448 n.1 (5th Cir. 2008). The
G overnment has also filed a motion to dismiss the petition for review.

To establish a reasonable fear of persecution, an alien must “establish[] a reasonable possibility that he or she would be persecuted on account of his or her race, religion, nationality, membership in a particular social group or political opinion.” 8 C.F.R. § 1208.31(c). 1 To demonstrate persecution, the applicant must establish that one of the five statutorily protected grounds was “at least one central reason ” for the harm that he experienced. Martinez Manzanares v. Barr , 925 F.3d 222, 227 (5th Cir. 2019) (quoting 8 U.S.C. § 1158 (b)(1) (B)(i)).
Carbajal

- Betanco argues that he was persecuted on account of owning a small business, being a former gang member, and being a practicing Christian. However, economic extortion is not a form of persecution under immigration law. See Singh v. Barr , 920 F.3d 255, 259 (5th Cir. 2019). Moreover, Carbajal

- Betanco ’s claim that he could be threatened by gangs if they discove r he was in a rival gang in his youth does not rise to the level of persecution because it is “non

- specific” and “lacking in immedi acy.” See

1 Although the G overnment argues that this court should apply a “ facially legitimate and bona fide reason ” standard rather than the substantial evidence standard in evaluating an immigration judge’s reasonable fear determination , it is not necessary to determine the appropriate standard of review at this time because Carbajal

- Betanco’s cla im fails even under the less deferential substantial evidence test

. See Lara

- Nieto v. Barr , 945 F.3d 1054, 1060 n.5 (8th Cir. 2019)

. Under the substantial evidence standard, this court may not overturn a factual finding unless the evidence compels a contrary result. Martinez

Lopez v. Barr , 943 F.3d 766, 769 (5th Cir. 2019). Case: 19-60298 Document: 00515659781 Page: 2 Date Filed: 12/03/2020No. 19

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3 Munoz

- Granados v. Barr , 958 F.3d 402, 407 (5th Cir. 2020) (quoting Qorane
v. Barr , 919 F.3d 904, 910 (5th Cir. 2019) ). Finally, although he argues that he was targeted because he is a practicing Christian , he explicitly stated that the gang thr eatened him not because of his religion, but because he lived in a different “colony.” Because the record does not compel the conclusion that Carbajal

- Betanco suffered past persecution or that he has a well

- founded fear of future persecution, substantial evidence supports the immigration judge’s reasonable fear determination. Based upon the foregoing, the petition for review is **DENIED** and the
motion to dismiss is **DENIED** as moot. Case: 19-60298 Document: 00515659781 Page: 3 Date Filed: 12/03/2020