| The Fourth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and ordering his removal from the United States to El Salvador. The court held that substantial evidence supported the findings that petitioner was not entitled to asylum and withholding of removal. In this case, the record does not compel the conclusion that the Salvadoran government was unwilling or unable to control MS-13. Therefore, the court must uphold the IJ and BIA's conclusion that petitioner does not qualify as a refugee under 8 U.S.C. 1102(a)(42)(A), and is ineligible for asylum and withholding of removal. The court also held that substantial evidence in the record supports the BIA's determination that petitioner was not eligible for CAT protection, and the BIA did not otherwise err in dismissing the appeal of the IJ's denial of petitioner's CAT application. In this case, the IJ did not commit legal error, much less an obvious one, in finding that petitioner failed to establish that it was more likely than not that he would be tortured in El Salvador with the consent or acquiescence of the government. |
