Amezola-Garcia v. Lynch, No. 15-3328 (6th Cir. 2016)Annotate this Case
Amezola-Garcia unsuccessfully attempted to enter the U.S. in 1996 by presenting the resident alien card of another. He agreed to return to Mexico in lieu of exclusion proceedings. In 1997, Amezola-Garcia successfully entered without being admitted or paroled. Since that entry, Amezola-Garcia has traveled to Mexico and reentered the U.S. without being admitted or paroled at least four different times. In 2011, DHS commenced removal proceedings (8 U.S.C. 1182(a)(6)(A)(i)). He sought withholding of removal and relief under the Convention Against Torture, stating that he fears he will be harmed if he returns to Mexico, as a member of a “family which has been targeted by persons the government of Mexico cannot or will not control.” He cited the unsolved murder of his brother-in-law, a member of a “government organization of defense for Mexico” in 2009. The IJ concluded that Amezola-Garcia lacked good moral character because he “prevaricated intentionally” with regard to his application; that his testimony was often inconsistent; and that “he has made up his story out of absolutely nothing.” A single-member panel of the BIA affirmed. The Sixth Circuit found his appeal without merit, but remanded for reconsideration of voluntary removal.
This opinion or order relates to an opinion or order originally issued on April 11, 2016.