Gilbertson v. Garland, No. 20-2355 (8th Cir. 2021)
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The Eighth Circuit denied a petition for review challenging the BIA's order denying petitioner removal relief. The court concluded that petitioner failed to rebut the presumption set out in In re Y-L-, 23 I.&N. Dec. 270, 274 (A.G.), that unlawful trafficking in controlled substances presumptively constitutes a particularly serious crime. Furthermore, the IJ did not err in not considering mental health as a factor in the particularly serious crime analysis.
In regard to relief under the Convention Against Torture, the court agreed with the IJ's finding that, while cartel violence continues in Mexico, that alone cannot show a more-likely-than-not chance that the Mexican government would acquiesce in petitioner's torture. In this case, petitioner's evidence falls short of this standard where the threats she experienced where not sufficient to support her claims.
Court Description: [Grasz, Author, with Smith, Chief Judge, and Shepherd, Circuit Judge] Petition for Review - Immigration. Petitioner failed to rebut the presumption set out in In re Y-L-, 23 I.&N. Dec. 270, 274 (A.G.) that unlawful trafficking in controlled substances presumptively constitutes a particularly serious crime, and the agency did not err in applying the In Re Y-L- analysis to petitioner's case and did not err in not considering her mental health as a factor in the particularly serious crime analysis; while cartel violence exists in Mexico, for CAT purposes, that fact alone cannot show a more-likely-than-not chance that the Mexican government would acquiesce in petitioner's torture.
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