DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191347P.pdf 05/28/2020 Luis Amadeo Prieto-Pineda v. William P. Barr
U.S. Court of Appeals Case No: 19-1347
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Erickson, Author, with Grasz and Kobes, Circuit Judges]
Petition for Review - immigration. Substantial evidence supports that
Prieto-Pineda does not face persecution based on membership in a
particular social group or political opinion in El Salvado and that the El
Salvadoran government is not unwilling or unable to protect him; although
the record shows gang members targeted him for his access to the fishing
cooperative's boats, any persecution was not based on his membership in
the cooperative and he was not targeted due to his family membership. The
death of his wife was unrelated to his past dealings and evidence shows
Prieto-Pineda was not harassed for any political opposition to the gang.
The record does not show the government was unwilling or unable to protect
him if he returned. The Board did not err in finding he was ineligible for
asylum because he failed to show the harm he feared qualified as
persecution and there is no need to analyze whether he established an
exception to the one-year bar. Any fact-finding by the Board in
determining relief under the Convention against Torture was harmless
error.