Rodriguez-Molinero v. Lynch

Rodriguez-Molinero, a Mexican citizen, has lived in the U.S. for many years as a lawful permanent resident. His involvement in the methamphetamine trade led to his conviction of federal drug crimes and a prison sentence that he has served. He remains in the custody of the Department of Homeland Security, and as an alien convicted of an aggravated felony consisting of trafficking in controlled substances, is subject to removal, 8 U.S.C. 1227(a)(2)(A)(iii), 1101(a)(43)(B). He sought CAT deferral of removal on the ground that should he be sent back to Mexico he is highly likely to be tortured by the Zetas Mexican drug cartel. Longmire, his expert witness, stated in a report credited by the immigration judge that in 2012 the Zetas killed 49 people and dumped their bodies on a highway. In 2006, Rodriguez-Molinero was tortured by Mexican police, who burned him with cigarettes, beat him, and stabbed him with an ice pick at the behest of the cartel. He owes the gang about $30,000. Members of the Zetas kidnapped and murdered his great-uncle after asking for information about Rodriguez-Molinero. The Seventh Circuit reversed the immigration judge’s ruling that he had failed to show that he faced a substantial risk of torture were he to be removed to Mexico, or that the Mexican government would acquiesce in the torture. View "Rodriguez-Molinero v. Lynch" on Justia Law