Case: 20-60682 Document: 00516161005 Page: 1 Date Filed: 01/10/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 10, 2022 No. 20-60682 Lyle W. Cayce Summary Calendar Clerk Laurin Steffany Gamez-Padilla; Jose Santos Ramos- Gamez; Cinthya Yamileth Ramos-Castillo; Gabriela Alejandra Ramos-Ramos; Deysi Leonora Padilla-Soler; Jose Santos Ramos Maldonado, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A206 429 889 BIA No. A206 429 890 BIA No. A206 429 891 BIA No. A206 429 892 BIA No. A206 694 277 BIA No. A206 694 278 Case: 20-60682 Document: 00516161005 Page: 2 Date Filed: 01/10/2022 No. 20-60682 Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* Jose Santos Ramos Maldonado (the lead respondent), his wife Deysi Leonora Padilla-Soler, his adult children, Cinthya Yamileth Ramos-Castillo and Laurin Steffany Gamez-Padilla, and his grandchildren, Jose Santos Ramos-Gamez and Gabriela Alejandro Ramos-Ramos, are natives and citizens of Honduras. They seek review of a Board of Immigration Appeals (BIA) decision dismissing their appeal from the immigration judge’s denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). As an initial matter, the petitioners do not brief any argument challenging the BIA’s finding that Ramos Maldonado was not persecuted due to his political opinion. Nor do they challenge the BIA’s determination that Gamez-Padilla and Ramos-Castillo did not have a reasonable fear of persecution on account of their membership in the family of Ramos Maldonado. Accordingly, they have waived those issues. See Chambers v. Mukasey, 520 F.3d 445, 448 n.1 (5th Cir. 2008); see also Fed. R. App. P. 28(a)(8)(A). Findings of fact, including the denial of asylum, withholding of removal, and CAT protection, are reviewed under the substantial evidence standard. Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 2005). This court may not reverse factual findings unless the evidence “compels” reversal— i.e., the evidence must be “so compelling that no reasonable factfinder could conclude against it.” Wang v. Holder, 569 F.3d 531, 536-37 (5th Cir. 2009). * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2 Case: 20-60682 Document: 00516161005 Page: 3 Date Filed: 01/10/2022 No. 20-60682 Here, Ramos Maldonado sought asylum and withholding of removal based on his membership in the particular social group of “members of the board of the community organization Colonia Monte De Sinai.” To be a member of a particular social group, an applicant must establish that the group is “(1) composed of members who share a common immutable characteristic; (2) defined with particularity; and (3) socially distinct within the society in question.” Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014). A common immutable characteristic must be a characteristic that cannot be changed or should not be required to change because it is …
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