Case: 18-60805 Document: 00515300612 Page: 1 Date Filed: 02/06/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-60805 February 6, 2020 Lyle W. Cayce DANIEL GILBERTO FUENTES-BARRERA, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A212 901 714 Before CLEMENT, HIGGINSON, and ENGELHARDT, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge:* Petitioner, Daniel Gilberto Fuentes-Barrera (“Barrera”), petitions this court for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”). Barrera first contends that, under Pereira v. Sessions, 138 S. Ct. 2105 (2018), the IJ did not have jurisdiction over his claims because his Notice to Appear (“NTA”) did not identify the time or * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-60805 Document: 00515300612 Page: 2 Date Filed: 02/06/2020 No. 18-60805 date of his initial removal hearing. Alternatively, Barrera argues that this deficient NTA did not stop the accrual of time for purposes of post-conclusion voluntary departure and seeks a remand on that basis. Barrera also contends that the BIA erred when it adopted the IJ’s conclusion that Barrera failed to establish past persecution or a well-founded fear of future persecution on account of his membership in the particular social group “[m]en who are persecuted as a result of past experiences brought on by their kinship.” For the reasons that follow, we hold that the immigration court had jurisdiction over these removal proceedings and DENY Barrera’s petition on the merits. I. A. Barrera is a native and citizen of El Salvador. In January 2017, Barrera entered the United States without proper documentation. On February 23, 2017, Barrera was served with an NTA alleging that he was removable. The NTA ordered him to appear before an IJ at a time and date yet to be determined. Four days later, Barrera was served with a notice stating that his hearing with the IJ was scheduled for 1:00 p.m. on March 9, 2017. Barrera appeared pro se on March 9, 2017, and was afforded a continuance so that he could seek counsel. Barrera appeared again before the IJ, through counsel, in June 2017 for his initial removal hearing. At the hearing, Barrera sought asylum, withholding of removal, and protection under the CAT. To support his application, he submitted a Human Rights Report about El Salvador. This report describes the extortion, crime, and police corruption that is prevalent in parts of El Salvador. Barrera alleged that he was a member of a particular social group consisting of “[m]en who are persecuted as a result of past experiences brought on by their kinship.” ...
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