Herrera-Garcia v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 18-1511 & 18-3196 Cons.
Decision Date: 
March 18, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

Record contained sufficient evidence to support IJ’s denial of alien’s application for CAT relief, even though alien asserted that he would be subjected to torture by gangs and corrupt govt. officials if forced to return to El Salvador. Record showed that alien was in U.S. illegally for past 27 years, and that alien failed to show that he experienced past torture or persecution while in El Salvador. Moreover, alien’s claim of being subjected to future persecution was too speculative, even though alien claimed that violent gangs and corrupt officials currently exist in El Salvador, where such factors had nothing to do with alien’s prior experience in El Salvador, and where general fear of violence is insufficient to support CAT relief. Also, alien failed to show that he would be specifically targeted by gangs or military, or that govt. would acquiesce in any torture.