Molina-Avila v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 17-1723 & 18-1911 Cons.
Decision Date: 
October 25, 2018
Federal District: 
Petitions for Review, Bd. of Immigration Appeals
Holding: 
Petitions denied

Record contained sufficient evidence to support ALJ’s denial of alien’s request for deferral of removal, even though alien asserted that he feared torture by Guatemalan gang Mara 18 if he were removed to Guatemala. Alien based said fear on mistreatment given to alien’s brother by said gang, and ALJ could properly find that alien’s fear of torture was speculative, and that there was insufficient evidence that Guatemalan officials would acquiesce to any torture. Ct. rejected alien’s contention that he need only show that he was member of group that faced high probability of torture. Alien further failed to show that Mara 18 gang controlled all of Guatemala so as to preclude any relocation to different part of country.