Martinez-Lopez v. Lynch, No. 14-3805 (7th Cir. 2016)
Annotate this CaseIn 1991, Lopez, age 12, illegally entered the U.S. He has not returned to Mexico, although his sister still lives in the neighborhood where he grew up. In 2009, Lopez was charged with dealing and possessing illegal drugs. He pled guilty to one count and was convicted of a Class A Felony for “Dealing in Cocaine over 3 grams.” While Lopez was in prison, DHS interviewed him, ultimately ordering removal under 8 U.S.C. 1101(a)(43)(B). In 2014, an asylum officer found that Lopez had a reasonable fear of persecution or torture if he returned to Mexico because he is homosexual and HIV-positive. An IJ found that Lopez was not eligible for asylum or withholding of removal because he was convicted of a “particularly serious crime” and that he was not eligible for deferral of removal under the Convention Against Torture because, it was not “more likely than not” that he would be tortured if returned to Mexico. The BIA dismissed an appeal. The Seventh Circuit affirmed. Lopez did not satisfy his burden to show that it is more likely than not that he would be tortured by the government or with the government’s acquiescence if he returned to Mexico.
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