Milton Chica Sorto v. Eric Holder, Jr.

Filing

UNPUBLISHED OPINION FILED. [13-60517 Affirmed ] Judge: WED , Judge: FPB , Judge: ECP Mandate pull date is 06/23/2014 [13-60517]

Case: 13-60517

Document: 00512614719

Page: 1

Date Filed: 05/01/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

United States Court of Appeals
Fifth Circuit

No. 13-60517
Summary Calendar

FILED
May 1, 2014
Lyle W. Cayce
Clerk

MILTON ROSARIO CHICA SORTO, also known as Milton Sorto Rosario,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A088 814 194
Before DAVIS, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: *
Milton Rosario Chica Sorto (Chica), a citizen and native of El Salvador,
petitions for review of the order of the Board of Immigration Appeals (BIA)
dismissing his appeal from the order of the immigration judge (IJ) denying his
application for withholding of removal. Chica maintains that the IJ and BIA
erred by denying his application for withholding of removal because his
testimony and the evidence of conditions in El Salvador showed that there is a

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 13-60517

Document: 00512614719

Page: 2

Date Filed: 05/01/2014

No. 13-60517
clear probability that, if he is removed to El Salvador, he will be persecuted by
gangs on account of his membership in the particular social group of young
men facing forcible gang recruitment. He argues that he does not have to show
that he will be singled out individually for persecution but only that there is a
pattern and practice in El Salvador of persecuting a group of persons similarly
situated to him and that he is a member of that group.
Chica’s proposed social group of young Salvadoran men facing forced
gang recruitment lacks the particularity and social visibility to constitute a
particular social group under immigration law.

See Orellana-Monson v.

Holder, 685 F.3d 511, 521-22 (5th Cir. 2012). Accordingly, Chica was not
entitled to withholding of removal because he did not show a likelihood of
persecution based upon his membership in a particular social group. See id. at
522. Chica’s petition for review is DENIED.

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