Ruling that substantial evidence supported the agency's finding that Petitioner failed to show that the Salvadoran government was unable or unwilling to protect him or would acquiesce in his torture where Petitioner did not report beatings by gang members to the police and gave contradicting testimony on whether police would help him. Further, the BIA was not required to address every piece of evidence in the record. The Court declined to rule on whether Petitioner suffered harm rising to the level of persecution. Judge Thacker dissented, stating that the agency had failed to consider key evidence in ruling on unable and unwilling and acquiesence and that Petitioner had suffered past persecution.

* The Fourth Circuit reheard this case en banc on March 8, 2021, and a new decision is forthcoming *

Date of Decision