The U.S. Court of Appeals for the Eleventh Circuit handed a victory to the Attorney General’s office on Monday, denying a petition for review from an El Salvadoran national who claimed his role as a youth soccer captain made him a target for gang violence.
In a per curiam opinion filed December 1, a three-judge panel consisting of Chief Judge William Pryor and Circuit Judges Robin Rosenbaum and Charles Wilson upheld an earlier decision by the Board of Immigration Appeals (BIA).
The court ruled that Jose Tobias Barrera-Castillo failed to meet the legal burden required for asylum or withholding of removal.
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Barrera-Castillo had petitioned the court to overturn his removal order, arguing that he faced persecution from the Mara Salvatrucha (MS-13) gang based on his membership in a “particular social group” and his political opinion. Specifically, he defined his social group as “former captains of youth soccer teams in El Salvador.”
According to court filings, Barrera-Castillo testified that gang members assaulted him because he was trying to steer his friends away from criminal life. He argued that his efforts to keep youths out of the gang constituted a political stance that put him in danger.
However, the federal appellate court found that Barrera-Castillo could not establish the necessary “nexus,” or causal link, between a protected status and the harm he feared. Under the Immigration and Nationality Act, an applicant must prove they are being targeted specifically because of their race, religion, nationality, political opinion, or membership in a particular social group.
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The court noted that the record showed the gang members “were motivated by nothing more than the desire to further their criminal enterprise,” rather than any specific animus toward soccer captains or political dissenters.
“None of the evidence Barrera-Castillo submitted suggests that the Mara Salvatrucha target, threaten, attack, or have any animus toward captains of youth soccer teams in El Salvador,” the opinion stated.
The panel concluded that while the record might show a fear of gang violence, it did not compel a finding that the violence was politically motivated or driven by his status as a team captain. Consequently, the court denied the petition, affirming the BIA’s order.
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