Matter of H-L-S-A

H-L-S-A (defendant) was a native and citizen of El Salvador. He entered the United States without permission, was apprehended, and was removed. After returning to El Salvador, he learned that a family member had been killed by the MS-13 gang for failing to pay extortion money to the gang. He was advised that MS-13 gang members were looking for him, too, and that he was not safe in El Salvador. H-L-S-A decided to reenter the United States and remained there for the next 10 years before he was arrested for illegally reentering the country after removal. He was placed in a detention facility, where MS-13 gang members, including his cellmate, demanded he pay them money for protection. He obliged. After learning that his cellmate also had a weapon, H-L-S-A went to the warden, told him about the weapon and extortion, and asked to be placed into protective custody. H-L-S-A was transferred to another facility. He went back to the first facility for a hearing, and several gang members shouted at him that he was a rat. H-L-S-A met with prosecutors and Federal Bureau of Investigation (FBI) agents to discuss his knowledge of gang activity in the detention center. He confirmed the identity of MS-13 gang members from photos the FBI showed him. During H-L-S-A’s immigration proceeding, he asked to stay in the United States based on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). H-L-S-A argued that there was a clear probability that he would be persecuted based on his membership in a valid social group if he returned to El Salvador. The social group he identified comprised prosecutorial witnesses. The immigration judge (IJ) found that this was not a valid social group under CAT and denied H-L-S-A’s request for relief from removal. H-L-S-A appealed.