Case: 19-60513 Document: 00515762670 Page: 1 Date Filed: 03/02/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 2, 2021 No. 19-60513 Lyle W. Cayce Clerk Narcedalia Del Carmen Lopez De Villeda; Joel Eduardo Villeda-Lopez; William Alfredo Villeda-Lopez, Petitioners, versus Robert M. Wilkinson, Acting U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A 208-744-332/333/334 Before Davis, Southwick, and Costa, Circuit Judges. Per Curiam:* Petitioners, Narcedalia Del Carmen Lopez De Villeda (Lopez De Villeda) and her sons Joel Eduardo Villeda-Lopez and William Alfredo Villeda-Lopez, seek review of a final order of removal from the Board of Immigration Appeals (BIA). The BIA affirmed the Immigration Judge (IJ)’s * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60513 Document: 00515762670 Page: 2 Date Filed: 03/02/2021 No. 19-60513 decision denying Petitioners’ request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and the BIA also denied Petitioners’ motion to remand for further proceedings. Petitioners contend that the BIA erred when it rejected their claims that they were entitled to asylum and withholding of removal because they were persecuted for their social group and Lopez De Villeda’s political opinion. Petitioners also assert that the BIA violated their due process rights by failing to remand their case based on their prior counsel’s ineffective assistance. 1 As set forth below, we conclude that the BIA did not err; therefore, we AFFIRM. I. BACKGROUND Petitioners, natives and citizens of El Salvador, entered the United States on or about December 4, 2015, without being admitted or paroled. After being served with notices to appear, Petitioners appeared before the IJ and filed applications for asylum, withholding of removal, and protection under the CAT. The IJ conducted a hearing to address Petitioners’ applications, at which Lopez De Villeda testified on behalf of herself and two sons. Lopez De Villeda testified that her husband, Rafael Alfredo Villeda Lemus (Rafael), was murdered in October 2015 and that she thought he might have been murdered because he refused to transport gang members and their goods or refused to pay them a bribe. Lopez De Villeda stated that Rafael, who owned a pickup truck, was part of a cooperative that transported goods and people, and that gang members would ask Rafael for transportation 1 Petitioners did not brief the basis for the BIA’s dismissal of their claims for protection under the CAT; therefore, this issue is waived. See Monteon-Camargo v. Barr, 918 F.3d 423, 428 (5th Cir. 2019). 2 Case: 19-60513 Document: 00515762670 Page: 3 Date Filed: 03/02/2021 No. 19-60513 or money. If Rafael refused, then the gang members would threaten his life. On one occasion, Lopez De Villeda testified, gang members came to their house and when Rafael refused to transport them, they shoved him …
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