Wednesday, April 29, 2015

No Immigration Relief for Mexican Citizen Despite Horrific Circumstances

Garcia v. Holder, 2015 WL 1296494 (3/24/15) (unpub'd) - No asylum, restriction on removal, or removal withholding under the Convention Against Torture for this Mexican citizen, despite horrible things happening to him and his family in Mexico. Gang members killed his grandmother, stepfather and ten-year-old brother by running them over with trucks. Gang members beat Mr. Garcia with a hammer and told him not to come back to Mexico. He did not qualify for relief because he did not show: (1) Mexican society viewed as a distinct social group Mexican males who resisted gang recruitment; or (2) that a public official was aware of what gang members did to Mr. Garcia and Mr Garcia's family and breached his or her legal responsibility to intervene to prevent such activity [demonstrating the police investigations were inadequate was not enough].