Trujillo Diaz v. Sessions

Diaz entered the U.S. in 2002. She was apprehended in 2007 and placed in removal proceedings. At a 2012 hearing, Diaz sought asylum and withholding of removal, claiming that she believed the La Familia drug cartel, would seek revenge for her brother’s refusal to work for them. The IJ found that Diaz’s asylum application untimely, assessed her claim under the higher “clear probability of persecution” standard for withholding of removal, and denied relief, noting that the cartel had not harmed or threatened her or anyone in her family other than her brother. The BIA dismissed an appeal. Diaz was allowed to remain in the U.S. She received work authorization and regularly reported to ICE. In 2017, Diaz learned that her father had been kidnapped by the Knights Templar Mexican cartel and that the kidnappers stated that they were looking for Diaz’s brother. They specifically mentioned Diaz and threatened to hurt family members. Diaz moved to reopen and to stay removal, citing “changed country conditions.” ICE apprehended Diaz outside her home and scheduled her removal. The BIA denied her stay of removal. The Sixth Circuit dismissed her petition for review. Diaz was deported. The BIA then declined to reopen. The Sixth Circuit vacated. The BIA failed to credit the facts in Diaz’s declarations, which undermined its conclusion and abused its discretion in summarily rejecting Diaz’s Convention Against Torture argument that she could not safely relocate internally in Mexico. View "Trujillo Diaz v. Sessions" on Justia Law