Case: 19-60216 Document: 00515492039 Page: 1 Date Filed: 07/16/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-60216 ARACELY DEL CARMEN ALVARENGA-AMAYA; JOSE ISMAEL ALVARENGA-AMAYA; HEISEL PAMELA ALVARENGA-AMAYA, Petitioners United States Court of Appeals Fifth Circuit v. FILED July 16, 2020 WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Lyle W. Cayce Clerk Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A208 751 712 BIA No. A208 751 713 BIA No. A208 751 714 Before KING, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM:* Aracely Del Carmen Alvarenga-Amaya, Jose Ismael Alvarenga-Amaya, and Heisel Pamela Alvarenga-Amaya are citizens of El Salvador who petition this court for review of an order of the Board of Immigration Appeals denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture. The petitioners also seek review of the Board’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-60216 Document: 00515492039 Page: 2 Date Filed: 07/16/2020 No. 19-60216 denial of their motion to terminate the proceedings, asserting that their notices to appear were deficient because the notices failed to specify the dates and times of their removal hearings. I. A. Aracely Del Carmen Alvarenga-Amaya, Jose Ismael Alvarenga-Amaya, and Heisel Pamela Alvarenga-Amaya are children from El Salvador who entered the United States without valid entry documents and were subsequently charged with being removable. The Department of Homeland Security issued them notices to appear (NTAs). These NTAs did not contain a date and time for a hearing but instead stated that this information was “To Be Determined.” The petitioners later received a notice of hearing which provided the time and place for their hearing. In response to the NTAs, the petitioners filed applications for asylum, withholding of removal, and Convention Against Torture (CAT) relief. The petitioners claimed that their father, Jose David Alvarenga, was murdered by MS-18, a gang in El Salvador in 2014; that their mother and grandmother reported this to the police, which resulted in the investigation and arrests of MS-18 members; and that the gang began harassing their family, banged on their door on one occasion, and issued death threats. On these facts, the petitioners claim that they are entitled to relief based on their membership in a particular social group, i.e. being immediate family members of their deceased father. At a hearing before an immigration judge, Aracely stated that she left El Salvador because she feared MS-18 after they killed her father for failing to pay the gang’s extortionate demands. She reiterated that her mother reported the murder, which led to investigations and two arrests, and that MS-18 then 2 Case: 19-60216 Document: 00515492039 Page: 3 Date Filed: 07/16/2020 No. 19-60216 came to their house to “beat on the front gate” and threaten her mother with death. Although her mother reported the threats and ...
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