The Ninth Circuit affirmed the denial of protection under the Convention Against Torture for a former gang member from El Salvador. "Although gang membership is illegal under Salvadoran law, Del Cid Marroquin did not establish that the government tortures former gang members or those with gang-related tattoos. In addition, Salvadoran law prohibits extrajudicial killings and violence, and there is substantial evidence that the government enforces those laws—albeit imperfectly." The Ninth Circuit further noted that government acquiescence cannot be demonstrated by showing that the government is aware of torture but unable to stop it. Finally, the court noted that Del Cid Marroquin's removal to El Salvador did not moot his petition because the Government has a policy of returning most non-citizens to the United States if their petitions for review are granted, and thus, the Court could still provide effective relief.
The full text of Del Cid Marroquin v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2016/05/18/13-71583.pdf