Arrazabal v. Barr

Arrazabal, born in El Salvador, was admitted as a lawful U.S. permanent resident in 1995, at age 19. In 1996, Arrazabal was recruited into the MS-13 gang. He was convicted on firearms and drug charges. His status as a lawful permanent resident was revoked. His request for asylum was denied and he was ordered removed in 2001. Arrazabal alleges that he renounced his gang membership upon his return to El Salvador and, as a result, suffered violence by MS-13, a rival gang, and the police. He represents that he was repeatedly arrested without cause, jailed for extended periods, and tortured by police. Arrazabal fled El Salvador and returned to the U.S. illegally. He was arrested in 2012 for unlawful reentry and spent 27 months in prison. He applied again for asylum. An asylum officer preliminarily determined that he had a reasonable fear of being tortured if returned to El Salvador. Because Arrazabal’s 2001 removal order precluded asylum, he unsuccessfully sought withholding of removal and Convention Against Torture protection. Following a remand, additional evidence was presented. The IJ and Board of Appeals again denied relief. The Seventh Circuit again remanded, finding that the IJ and the Board mischaracterized certain evidence and again ignored corroborative aspects of the evidence. View "Arrazabal v. Barr" on Justia Law