Petition of Removal

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7^th Circuit Court of Appeals

Case Name: Eber Salgado Gutierrez v. Loretta E. Lynch

Case No.: 16-1534

Officials: BAUER, POSNER, and SYKES, Circuit Judges.

Focus: Petition of Removal

Appellant presents meritless argument against removal

“This argument lacks merit for two reasons. First, there is no indication that the Board misapplied the legal standard for CAT relief. The Board set out the correct legal standard, quoting the standard we articulated in Rodriguez-Molinero. But the Board then distinguished Salgado’s circumstances from those of the petitioners in Rodriguez-Molinero and Mendoza-Sanchez v. Lynch: Unlike the petitioners in those cases, Salgado “has not been tortured, harmed, threatened, or even inquired after by gang members.” Instead, the Board stated, Salgado’s evidence consisted of “random incidents of violence against family members which happened years apart and are unrelated and not connected in any way to the respondent.” No step of the Board’s analysis suggests that it misunderstood or misapplied the legal standard for obtaining CAT relief. Second, our statements in Rodriguez-Molinero about the Mexican government’s inability to control the Zetas do not establish that the Zetas are likely to single out Salgado for torture if he returns to Mexico. See Lenjinac v. Holder, 780 F.3d 852, 856 (7th Cir. 2015).”

Petition dismissed in part and denied in part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.