A federal appeals court has upheld the denial of deportation protection to a Salvadoran man seeking relief under the Convention Against Torture. The man, Jose Mauricio Lopez-Barrera, had claimed that he would face persecution in El Salvador due to his alleged affiliation with the MS-13 gang.

Background

Lopez-Barrera entered the United States without legal status from El Salvador and filed for asylum and Convention Against Torture relief in January 2023. However, his case was repeatedly denied by immigration judges and the Board of Immigration Appeals (BIA) due to inconsistencies in his testimony.

The Fifth Circuit Court of Appeals agreed with the immigration agency’s determination that Lopez-Barrera was not eligible for deferral of removal under the regulations implementing the United Nations Convention Against Torture (CAT). The court found that substantial evidence backed the agency’s adverse credibility determination, citing conflicts across Lopez-Barrera’s statements during his initial border processing, his credible fear interview, and his formal testimony.

The court also found that Lopez-Barrera did not establish a particularized risk of torture with state involvement in El Salvador. The decision concludes the appellate review and leaves Lopez-Barrera subject to removal.

Original reporting: Tampa Free Press — read the source article.