Garcia-Arce v. Barr, No. 19-1453 (7th Cir. 2019)
Annotate this CaseGarcia‐Arce, a citizen of Mexico, was removed from the U.S. and illegally re‐entered. She was arrested for driving under the influence; her removal order was reinstated. Garcia‐Arce sought withholding of removal under 8 U.S.C. 1231(b)(3), and the Convention Against Torture (CAT), based on her purported fear of persecution and torture. Garcia‐Arce testified that in her hometown she was sexually assaulted by her uncle and by a gang member to whom her brother “sold her.” An IJ noted that Garcia‐Arce presented a fake birth certificate at the border, made statements that she did not fear returning to Mexico, could avoid persecution by relocating within Mexico, and had not alleged that a Mexican official had acquiesced or would acquiesce in any torture. The BIA affirmed. Garcia‐Arce moved to reopen based on her attorney’s allegedly ineffective assistance in not properly advancing Garcia‐Arce’s claim that she would be persecuted upon return to Mexico as a result of her alleged mental illness and her CAT claim based on Mexican drug cartels and corrupt law enforcement. The BIA concluded that it was reasonable for the attorney to focus on Garcia‐Arce’s past mistreatment rather than on her mental health and that Garcia‐Arce had not shown that she suffered prejudice. The Seventh Circuit denied petitions for review. The denial of Garcia‐Arce’s withholding application was supported by substantial evidence. Garcia‐Arce’s counsel’s assistance was not so deficient that Garcia‐Arce was prevented from reasonably presenting her case.
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