Perez v. Sessions

Perez grew up in Honduras. When Perez was 14, a street gang told him to join or “suffer the consequences.” Perez moved. Later that year, the gang confronted Perez again. Perez ran away and dropped out of school. Later, Perez witnessed the murder of a friend whose brother belonged to a rival gang. Perez was beaten and an unidentified person fired shots in the direction of Perez and his friends. Perez reported these events to the police, who did nothing. In 2008 Perez was admitted to the U.S. as a lawful permanent resident. He returned to Honduras in 2010 for a vacation. He attended a neighborhood festival and was recognized by gang members. Perez ran and cut short his vacation. Three years later, in Indiana, Perez pleaded guilty to engaging in sexual misconduct with a minor. An IJ found Perez removable for having committed an aggravated felony, 8 U.S.C. 1101(a)(43)(A), and noted that Perez was ineligible for asylum and withholding of removal because his conviction was a “particularly serious crime.” He sought deferral of removal under the Convention Against Torture. Family members testified about their fear that Perez would be killed if he were removed to Honduras. The BIA affirmed the denial of relief. The Seventh Circuit remanded. The BIA erred by truncating the crucial factual inquiry about Perez’s risk of torture if he is returned to Honduras and by asking the wrong question with respect to internal relocation. View "Perez v. Sessions" on Justia Law