Arrazabal v. Lynch, No. 15-2413 (7th Cir. 2016)
Annotate this CaseArrazabal , a Salvadoran, entered the U.S. in 1995 at age 19, and became a lawful permanent resident alien because his mother and sister were naturalized citizens. He became involved with the Los Angeles chapter of the MS-13 gang, which has members in El Salvador. He was imprisoned for illegal gun possession and, later, for possessing cocaine. In prison he obtained prominent MS-13 tattoos. In 2001 Arrazabal’s status was revoked. His application for asylum was denied; he was removed. Years later, Arrazabal attempted to reenter illegally and was charged under 8 U.S.C. 1326. He again sought asylum, claiming that he feared he would be killed if returned to El Salvador because he wanted to quit MS-13, but his tattoos made him a target. The officer found that Arrazabal had shown reasonable probability that he had been tortured in El Salvador and that these police beatings created a reasonable possibility that he would be tortured if returned. Because his 2001 removal order made him ineligible for asylum, Arrazabal applied for withholding of removal and CAT protection, which were denied for lack of credibility. The judge did not believe that Arrazabal had refrained from criminal activity while active in MS-13, that he had been framed by U.S. police officers twice, that the IJ who ordered him removed was racist, that he suffered abuse by Salvadoran police, or that he had received death threats from fellow gang members. The BIA affirmed. The Seventh Circuit vacated, finding that the IJ overlooked key evidence.
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