Lorenzo v. Barr, No. 18-3606 (6th Cir. 2019)Annotate this Case
Pablo, born in 1985, speaks the Mam language and minimal Spanish. Pablo fled to the U.S. in 2001 after violent abuse by his stepfather. Pablo paid for legal representation but did not understand the proceedings. In 2009, Pablo was stopped for a traffic violation and deported. Pablo then lived with his grandparents, indigenous farmers. People from another town had beaten his grandparents and destroyed their crops. Pablo joined a committee of indigenous farmers and reported the abuse to the mayor. The police supported the assailants. Pablo was taken to an isolated place and beaten until he passed out. The group threatened to kill Pablo if he continued to fight for land rights. In 2010, Pablo fled to the U.S. He did not contact immigration officials or seek legal assistance. In 2012, Pablo was again deported and found work on a farm. Non-indigenous managers mistreated indigenous workers. Pablo helped form a union to protest the abuse. The owner warned that he would summon police to “show the Indians their place.” During a protest, Pablo was taken to jail and severely beaten. Police stated that Pablo would be sent to his grandparents, where local police would decide whether he lived or died. A human rights organization secured his release. Pablo spent five days in the hospital. Pablo returned to the U.S. He first met with his attorney in July 2016. Pablo did not have any records from his previous proceedings. Pablo filed complaints against his prior “attorneys” and moved to reopen. The Sixth Circuit reversed the denial of relief and remanded to the BIA to reconsider whether Pablo demonstrated changed country conditions under the correct evidentiary and legal standards. The court affirmed the denial of Pablo’s motion based on ineffective assistance because Pablo failed to demonstrate due diligence.