USCA11 Case: 20-13348 Date Filed: 05/11/2021 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-13348 Non-Argument Calendar ________________________ Agency No. A206-805-711 MELVIN ISIDRO RIOS-HERNANDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (May 11, 2021) Before WILSON, JORDAN, and ROSENBAUM, Circuit Judges. PER CURIAM: USCA11 Case: 20-13348 Date Filed: 05/11/2021 Page: 2 of 10 Melvin Isidro Rios-Hernandez seeks review of a final order of the Board of Immigration Appeals affirming an immigration judge’s denial of his application for asylum and withholding of removal under the Immigration and Nationality Act and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. After a review of the record, we affirm.1 I Mr. Rios-Hernandez was born in Anamorós, La Unión, El Salvador, on November 6, 2001. He entered the United States without valid travel documents on June 18, 2014. After some initial immigration proceedings, in January of 2015 Mr. Rios- Hernandez filed an application for asylum and withholding of removal under the Immigration and Nationality Act (the “INA”), 8 U.S.C. § 1101 et seq., and withholding of removal under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (the “CAT”), see 8 C.F.R. § 1208.16(c). During the merits hearing before an immigration judge, Mr. Rios-Hernandez argued that he feared that, if returned to El Salvador, he would be persecuted due to 1 As we write for the parties, we set out only what is necessary to address Mr. Rios-Hernandez’s arguments. 2 USCA11 Case: 20-13348 Date Filed: 05/11/2021 Page: 3 of 10 his membership in two particular social groups: (i) “the Rios-Hernandez family,” and (ii) “neglected and abandoned young males from Anamorós.” AR at 000120– 21. Mr. Rios-Hernandez testified about his family’s history in El Salvador, its interactions with the local gang, his and his family’s reasons for emigrating to the United States, and his fear of persecution. Moreover, he argued that, if sent back to El Salvador, he could be tortured. After the hearing, the immigration judge issued her decision. She found Mr. Rios-Hernandez credible but ruled against him on the merits. On asylum and withholding of removal, the immigration judge concluded that Mr. Rios- Hernandez’s proposed groups did not qualify as particular social groups under the INA. She also determined that Mr. Rios-Hernandez had not established that he was a member of “neglected and abandoned young males from Anamorós.” Moreover, the immigration judge found that, even if the proposed particular social groups were cognizable, Mr. Rios-Hernandez had not established that his alleged persecution would be on account of his membership in those particular social groups. The immigration judge also denied Mr. Rios-Hernandez’s request for relief under the CAT on two grounds. First, she found that Mr. Rios-Hernandez had not established that the government of El Salvador instigates, consents, or acquiesces to any torturous gang conduct. …
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