Mendoza-Sanchez v. Lynch, No. 15-2551 (7th Cir. 2015)
Annotate this CaseMendoza-Sanchez entered the U.S. at age 18, in 1983, and became a lawful permanent resident. He sold cocaine obtained from members of the violent La Linea cartel, known to work with corrupt Mexican police officers. In 2010 he was sentenced to 12 years in prison. A fellow prisoner who was a member of La Linea attacked him in the prison cafeteria, broke his teeth, and stated that members of the cartel, who had been arrested, believed that he had snitched and that the cartel would have him killed if he returned to Mexico. At his immigration hearing, Mendoza-Sanchez presented evidence that La Linea’s reach is nationwide and that the “law enforcement agencies are infiltrated by the Cartels.” He sought deferral of removal under the Convention Against Torture. The immigration judge described Mendoza as “a credible witness,” but concluded that he did not establish eligibility for deferral of removal. The Board of Immigration Appeals affirmed, based on Mendoza-Sanchez’s not having “presented sufficient evidence to establish that … a Mexican public official would acquiesce (or be willfully blind) to such harm.” The Seventh Circuit remanded, stating that a petitioner for deferral of removal under the CAT need not prove that the government is complicit in the misconduct of its police officers.
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