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

No. 20

- 60365 Summary Calendar

**Fernando Rigoberto Sierra**

**- Alvarado; Emerson David**  **Sierra**

**- Perdomo,** 

Petitioners **,**

versus
**Merrick Garland,** U.S. Attorney General **,** Respondent

**.**

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A206 480 506 BIA No. A206 480 507

Before **Barksdale, Willett,** and **Duncan,** Circuit Judges

**. Per Curiam**  **:** * On behalf of himself and his minor child, Fernando Rigoberto Sierra

Alvarado , a citizen of Honduras , seeks review of the Board of Immigration

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4.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 October 26, 2021

Lyle W. Cayce Clerk Case: 20-60365 Document: 00516069906 Page: 1 Date Filed: 10/26/2021No. 20

- 60365

2 Appeals’ (BIA) denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT)

. The BIA concluded: Sierra failed to prove the requisite elements for a sylum and withholding of removal ; and CAT relief was not warranted because Sierra , fearing retaliatory gang violence after he reported his second son’s murder to the police, did not prove he would be tortured upon removal. Sierra contends substantial evidence supports opposite conclusions. In considering the BIA’s decision (and the Immigration Judge’s (IJ) decision, to the extent it influenced the BIA), legal conclusions are reviewed de novo ; factual findings, for substantial evidence. Orellana

- Monson v. Holde r , 685 F.3d 511, 517

– 18 (5th Cir. 2012); Zhu v. Gonz a les, 493 F.3d 588, 593 (5th Cir. 2007) ( reviewing IJ’s decision because “ BIA expressly adopted and affirmed the IJ ’ s findings and holding ” )

. Under the substantial

- evidence standard, petition er must demonstrate “ the evidence was so compelling that no reasonable factfinder could conclude against it ”. Carbajal

- Gonzalez v. INS , 78 F.3d 194, 197 (5th Cir. 1996). Relief is improper “ unless the evid ence compels a contrary conclusion ”

. Id. To qualify for asylum , a pplicant must establish , inter alia , either past persecution , or a well

- founded fear of future persecution , based on one of five enumerated grounds in 8 U.S.C. § 1101(a)(42)(A) (defining refugee)

. The

“ standard for obtaining withholding of removal is even higher than the standard for asylum ” , and “ the failure to establish a well

- founded fear for asylum eligibility also forecloses eligibility for withholding of removal ”. Orellana

- Monson , 685 F.3d at 518.

One such enumerated ground is membership in a particular and socially distinct group, “composed of members who share a common immutable characteristic”

. Matter of M

- E

- V

- G

- , 26 I. & N. Dec. 227, 237 Case: 20-60365 Document: 00516069906 Page: 2 Date Filed: 10/26/2021No. 20

- 60365

3 (B

. I

. A

. 2014)

. Sierra fails to demonstrate his proposed group meet s this standard

. To obtain relief under CAT, applicant must show, inter alia , it is more likely than not that, if removed, he will be tortured with government acquiescence or involvement

. 8 C.F.R. §§ 1208.16(c)(2) ( prescribing eligibility for withholding of removal under CAT), 1208.18(a)(1) (defining

torture as act performed with “consent or acquiescence of” public official )

. Sierra , having no contact for several years with the gang he fears , fails to provide any evidence the Hondura n government will participate in, or turn a blind eye to, any torture

. See Ramirez

- Mejia v. Lynch , 794 F.3d 485, 494 (5th Cir. 2015) (general contention s regarding official unwillingness to investigate gang violence “may weigh against [the IJ’s] conclusion, [but does not] compel the opposite conclusion” (emphasis omitted) )

. **DENIED.** Case: 20-60365 Document: 00516069906 Page: 3 Date Filed: 10/26/2021