Jose Sisiliano-Lopez v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 16-3695 _____________ JOSE MARTIN SISILIANO-LOPEZ, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (A205-999-196 Immigration Judge: Roxanne C. Hladylowycz ______________ Submitted Under Third Circuit L.A.R. 34.1(a) June 05, 2017 ______________ Before: CHAGARES, GREENAWAY, JR., and VANASKIE Circuit Judges. (Opinion Filed: October 11, 2017) ______________ OPINION * ______________ GREENAWAY, JR., Circuit Judge. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Jose Martin Sisiliano-Lopez appeals the Board of Immigration Appeals’ (“BIA”) dismissal of his application for withholding of removal and asylum. Sisiliano-Lopez argues that the BIA and the Immigration Judge (“IJ”) misapplied the “one central reason” standard in § 208 of the Immigration and Naturalization Act (“INA”) when determining whether he was persecuted because of his membership in his nuclear family. He also contends that the BIA and IJ improperly relied on Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014) in deciding that individuals who resisted gang recruitment or gang activity did not constitute a “particular social group.” Finally, Sisiliano-Lopez asserts that he should have been allowed to seek asylum pursuant to 8 U.S.C. § 1158. We will grant Sisiliano-Lopez’s petition in part and deny the petition in part. I. Facts & Procedural Background Sisiliano-Lopez is a native and citizen of El Salvador. On April 15, 2013, he illegally entered the United States and was found inadmissible pursuant to § 212(a)(7)(A)(i)(I) of the INA by the Department of Homeland Security (“DHS”). DHS issued a Notice to Appear, which stated that an asylum officer had found that Sisiliano- Lopez had demonstrated a credible fear of persecution. On May 20, 2013, an IJ ordered Sisiliano-Lopez removed to El Salvador, and he was removed on June 14, 2013. Following his removal, Sisiliano-Lopez illegally reentered the United States on or about August 17, 2013, and did so again on or about September 28, 2015. He was deported after each reentry. DHS issued a Notice of Intent/Decision to Reinstate Prior Order following each instance of illegal reentry. On October 28, 2015, an asylum officer 2 interviewed Sisiliano-Lopez and found him to have a reasonable fear of persecution or torture. Sisiliano-Lopez’s matter was referred to an IJ on November 9, 2015. Two months later, in January 2016, Sisiliano-Lopez filed an Application for Withholding of Removal and Relief under the Convention Against Torture (“CAT”). In support of his application, Sisiliano-Lopez submitted declarations from himself and members of his family averring that he would be subject to threats, torture, and death from MS-13 if he were returned to El Salvador. Sisiliano-Lopez declared that he was in danger because he defended his sisters from threats and harassment from MS-13 gang members. Specifically, Sisiliano-Lopez explained that he had defended his older sister Maria Raquel from verbal abuse outside of a local bank by her husband Gilmer ...

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