Record contained sufficient evidence to support Board’s order denying petitioner’s application for deferral of removal pursuant to CAT, even though petitioner had argued that he would be subject to persecution and torture by Mexican cartel if removed to Mexico, based on one incident in which cartel members kidnapped petitioner for period of time. Board reversed IJ’s order that had granted petitioner’s application for CAT relief, where Board found that IJ’s decision reflected several errors, which did not support finding that cartel sought petitioner out specifically or was even aware of his identity. As such, Board found that petitioner failed to show that he faced individualized and substantial risk of torture from cartel upon his return to Mexico. Ct. rejected petitioner’s contention that Board failed to apply clear error standard when reversing I.J.’s decision. Fact that Board found that evidence did not support I.J.’s conclusion did not necessarily establish that Board improperly weighed evidence. Also, Board did not abuse its discretion in granting government’s request for eight-day extension of time to file its brief, where government justified delay due to COVID-19-related reasons. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Immigration