Board did not err in affirming IJ’s denial of alien’s applications for withholding of removal to Mexico under 8 USC section 1231(b)(3) and CAT relief based on her fear of persecution and torture if forced to return to Mexico, even though alien alleged that she feared physical and sexual assaults by her brother and uncle located in Mexico, as well as feared that third individual would sell her to gang to repay drug debt. Board could properly find that alien could relocate to other part of Mexico to avoid any threat of future persecution, where alien had previously lived in different part of Mexico away from her hometown for four years without incident. Moreover, alien waived any CAT claim due to her failure to raise any substantive argument supporting such claim, and alien’s ability to live in different part of Mexico effectively defeated such claim. Also, Board did not err in denying alien’s request to reopen removal proceedings based on her claim of ineffective assistance of counsel, where: (1) alien had failed to present evidence in motion to support her proposed claim (that was not was advanced by counsel), i.e., that she had been persecuted in Mexico on account of her mental condition; and (2) alien had failed to provide evidence to call into question counsel’s professional judgment not to pursue CAT claim on appeal.
Federal 7th Circuit Court
Civil Court
Immigration