N.Y.C.C. v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No.18-2618
Decision Date: 
July 19, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

Record supported IJ’s denial of asylum application filed by alien (citizen of Mexico) in her claim that she experienced past persecution from her former boyfriend and member of Mexican gang and would experience future persecution from him if forced to return to Mexico. While alien insisted that boyfriend made threat to do physical violence to her and her child if she refused to return to him, IJ could properly find that said threat did not qualify as persecution where boyfriend failed to take additional steps to create substantial risk for alien. Also, alien failed to establish that she would be unable to relocate to another part of Mexico given her restaurant skills and given lack of evidence that former boyfriend’s conduct would escalate in future.