Lopez v. Sessions, No. 17-1047 (7th Cir. 2017)Annotate this Case
Lopez, a citizen of El Salvador, entered the U.S. without inspection around 1996. In 1997, he was convicted of felony possession of marijuana. In 2015, DHS charged Lopez as removable as an alien present in the U.S. without being admitted or paroled, 8 U.S.C. 1182(a)(6)(A)(i); and as an alien convicted under a controlled substance law, 8 U.S.C. 1182(a)(2)(A)(i)(II). Lopez sought asylum and withholding of removal, alleging extortion by Salvadoran gangs. The IJ denied Lopez’s application because Lopez had not filed his asylum application within one year of his last entry; his lack of knowledge about the process did not constitute changed or extraordinary circumstances. The IJ held that Lopez’s fear of persecution was “[n]either objectively reasonable [n]or on account of any of the statutorily enumerated grounds,” as there was no evidence that any future mistreatment would be on account of Lopez’s race, religion, nationality, political opinion, or social group membership. The BIA dismissed an appeal, rejecting an argument that the gang would target Lopez based on its perception of him as a wealthy business owner who failed to comply with its demands. The Seventh Circuit dismissed an appeal for lack of jurisdiction. Lopez failed to establish that his life or freedom would be threatened based on a protected ground.