Lozano-Zuniga v. Lynch, No. 15-2488 (7th Cir. 2016)
Annotate this CaseLozano‐Zuniga, a citizen of Mexico, arrived in the U.S. in 2002, at age 14. In 2010, after a conviction for driving under the influence, he was charged with removability under 8 U.S.C. 1182(a)(6)(A)(i), for having entered the country without being admitted or paroled. Lozano‐Zuniga conceded removability, but sought withholding of removal and protection under the Convention Against Torture, testifying that before leaving Mexico, his mother received a telephone call asking for information about family members in the U.S.; the caller implied that he would kidnap Lozano‐Zuniga or his sister to get ransom money from relatives living in the United States. His mother did not contact the police. She did not testify about the phone call or submit an affidavit. Lozano‐Zuniga also testified that he fears that, in Mexico, he would be targeted and forced to work for the Mexican gang, the Zetas, as part of their violent drug trafficking operations. Lozano‐Zuniga admitted that he had never been personally threatened by the Zetas, and that his grandmother lives without incident in his city of origin. Lozano‐Zuniga also testified that, in Mexico, people criticized his Seventh Day Adventist religion. An IJ found, and the BIA and Seventh Circuit agreed, that Lozano‐Zuniga was generally credible, but did not establish a clear probability that he would face persecution or torture upon his removal.
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