Perez-Montes v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 17-2520
Decision Date: 
January 24, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied

Record contained sufficient evidence to support IJ's removal order, even though alien (citizen of Mexico) had entered U.S. in 1989 as lawful permanent resident, as well as had served in U.S. military and had been honorably discharged. Alien’s 2010 conviction on cocaine offense was basis for removal, and said conviction made alien ineligible for most forms of relief. Moreover, IJ did not err in denying alien’s application for deferral of removal under Convention Against Torture, even though alien claimed that return to Mexico placed him at risk for being tortured either from drug gangs (who wanted to recruit individuals with military experience) or from Mexican govt. (who tortured individuals who had served in U.S. military), where IJ could find that alien had failed to establish “substantial risk” that he would be targeted by gangs or Mexican govt. Ct. rejected alien’s claim that IJ used improper “substantial risk” standard instead of “more likely than not” standard, where: (1) “substantial risk” standard was used by Ct. in Rodriguez-Molinero, 808 F.3d 1134; and (2) “substantial risk” standard was non-quantitative restatement of “more likely than not” standard.