Salgado-Gutierrez v. Lynch, No. 16-1534 (7th Cir. 2016)
Annotate this CaseSalgado unlawfully entered the U.S. in 1996 and stayed continuously for 20 years. He has children, born in 2001 and 2003, who are U.S. citizens. In 2005 Salgado was convicted in Wisconsin of possessing cocaine. In 2013, when Salgado was arrested for driving under the influence, DHS charged him with removability for having been convicted of a controlled-substance offense, 8 U.S.C. 1182(a)(2)(A)(i)(II), and for being present in the U.S. unlawfully, 1182(a)(6)(A)(i). An IJ ordered removal but the BIA remanded for consideration of Salgado’s claim that his lawyer had provided ineffective assistance by neglecting to seek relief from removal. On remand, Salgado applied for statutory withholding of removal and withholding under the Convention Against Torture, arguing that he has a well-founded fear of persecution on account of his membership in “Mexican nationals whose family members have suffered persecution at the hands of the Zetas and other drug cartels in Veracruz” and “Mexican nationals who have lived in the U.S. for many years and who, upon being removed to Mexico, are perceived as having money.” The IJ found his asylum application untimely because he did not file it within a year of entering the U.S. and no changed or extraordinary circumstances excused the late filing, The Seventh Circuit dismissed a petition for review, rejecting claims that the BIA improperly rejected the proposed social group and misapplied the CAT legal standard.
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