NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 18 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NOEMY CAROLINA LUE DE CANO; No. 19-71995 BRYAN ALEXANDER CANO LUE, Agency Nos. A208-870-228 Petitioners, A208-870-229 v. MEMORANDUM* MERRICK GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2021** Las Vegas, Nevada Before: CLIFTON, NGUYEN, and BENNETT, Circuit Judges. Petitioner Noemy Carolina Lue De Cano and her son Bryan, natives and citizens of El Salvador, seek review of the decision of the Board of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s (“IJ”) denial of their asylum, withholding of removal, and protection under the Convention Against * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Torture (“CAT”) claims. We review legal questions de novo and the agency’s factual findings for substantial evidence. Lezama-Garcia v. Holder, 666 F.3d 518, 524–25 (9th Cir. 2011). Because the BIA conducted a review of the record and law to consider the merits of Lue De Cano’s and Bryan’s claims—adding its own analysis in affirming the IJ’s reasoning—we review both decisions. See Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014). We deny the petitions for review because the BIA’s and IJ’s determination that there was no nexus between Lue De Cano’s and Bryan’s gang-related fears and either political opinion or membership in a particular social group is supported by substantial evidence. We also deny Bryan’s petition for review for failing to state a cognizable protected social group. Finally, we deny the petition for review as to the CAT claims because Lue De Cano and Bryan were unable to show that public officials would acquiesce to their torture at the hands of Salvadoran gangs. Lue De Cano grew up in a household with an abusive father, who sexually and violently abused her, her mother, and her sisters until his death in 2005. Lue De Cano was also a victim of gang-related violence and sexual abuse, including an abduction and rape in 2004 by a member of the MS-13 gang. The gang also threatened her and her family. Lue De Cano met her husband, Jose Cano Garcia, before graduating high school. Their son Bryan was born in 2007. Jose joined the Salvadoran armed forces 2 in 2010 and served until 2012. The gang did not contact Lue De Cano and Jose during that time, and for a few years after. However, in 2015, relatives of gang members began bullying Bryan (then seven years old), and, on one occasion, a neighborhood child (whom Lue De Cano believed was gang affiliated) assaulted Bryan. MS-13 gang members also threatened to recruit Bryan when he reached the age of ten. During this time, gang members also extorted Lue De Cano and threatened to kill …
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