Ruano v. Barr

by
Ruano’s persecution in Mexico began after he refused to allow the local drug cartel leader to “possess” his wife. The cartel kidnapped, tortured, and threatened to kill Ruano. Ruano’s children were U.S. citizens, having been born while Ruano and his wife were legally living in the U.S. The cartel terrorizes communities throughout Mexico and exercises influence at all levels of the Mexican government. Ruano and his wife tried to continue living in Mexico. Their attempts failed, in brutal ways. On the advice of a Mexican prosecutor, Ruano and his wife and children fled to the U.S. and surrendered themselves at the border. Ruano applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found that Ruano was credible and that he would likely be tortured if he returned to Mexico and granted relief under the Convention Against Torture but denied his petition for asylum on the ground that Ruano did not show a nexus between his persecution and membership in a “particular social group,” 8 U.S.C. 1158(b)(1)(B)(i). The BIA agreed. The Seventh Circuit remanded, stating that the record compels a finding that the torture and persecution Ruano suffered in the past and fears in the future were and would be because of his membership in the “particular social group” of his wife’s family. View "Ruano v. Barr" on Justia Law