Duarte-Salagoza v. Holder, No. 14-2276 (7th Cir. 2014)
Annotate this CaseA citizen of Mexico, Duarte entered the U.S. without inspection in 2000. In 2011, after he was acquitted of heroin trafficking, DHS issued a Notice to Appear. Duarte did not appear. A removal order issued. Duarte claimed he was unaware of the notice. The IJ reopened proceedings. Duarte applied for asylum, withholding of removal, and protection under the Convention Against Torture, claiming that he had cooperated with the U.S. DEA and feared retribution from the Zeta drug cartel. At the hearing, Duarte denied the DEA story, but claimed that the threats stemmed from his escape, after the cartel held him for ransom in 1996. Duarte submitted an affidavit from a friend in Mexico about phone calls from suspected cartel members warning that Duarte would face retribution. The IJ denied asylum and withholding of removal. Duarte on appeal that he was targeted for persecution because of his “membership in the particular group of successful business[men],” under extortionate attacks by cartels. The BIA held that Duarte failed to preserve the issue, but considered testimony and determined that the cartel detained him for money rather than to persecute him on any basis recognized by law. Duarte did not submit evidence to suggest torture at the hands (or with the acquiescence) of government actors. The Seventh Circuit denied review.
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