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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.