Rivas-Pena v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 18-1183
Decision Date: 
August 21, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted

Record failed to contain sufficient evidence to support IJ’s denial of application for relief under Convention Against Torture, where alien (citizen of Mexico) sought deferral of his removal that was based on state-court conviction on drug trafficking offense, where said application was based on claim that return to Mexico would subject alien to torture from Los Zetas drug cartel members, who considered him responsible for loss of drugs and currency worth more than $500,000. Alien submitted report from expert who stated that lost drug contraband that was attributed to Los Zetas cartel at issue in alien’s state-court conviction could be valued up to $900,000, that said cartel would hold alien responsible for said loss, and that there was high certainty that cartel would torture and kill alien as result of said loss. Remand was required, because IJ, in finding that claims of potential torture were too speculative, improperly failed to address expert’s contrary claim of harm, and reasonable fact-finder would not dismiss as merely speculative alien’s fear of harm under instant record.