Immigration – Removal Proceedin

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7^th Circuit Court of Appeals

Case Name: Pedro Rivas-Pena v. Jefferson B. Sessions, III

Case No.: 18-1183

Officials: SYKES, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Immigration – Removal Proceedings

Pedro Rivas-Pena has been a lawful permanent resident of the United States and is a citizen of Mexico. He faces removal to Mexico because of a state drug-trafficking conviction. He has applied for deferral of removal under the Convention Against Torture, alleging that he fears returning to Mexico because members of Los Zetas cartel consider him responsible for the loss of drugs and currency worth more than half a million dollars. An immigration judge dismissed as “speculative” Rivas-Pena’s fear of retribution from the cartel, denied his application for Convention Against Torture deferral, and ordered him removed to Mexico. The Board of Immigration Appeals upheld the judge’s decision, and Rivas-Pena petitions for review. Because neither the immigration judge nor the Board articulated any basis for disagreeing with an expert opinion that corroborates Rivas-Pena’s fear of torture, we grant the petition for review and remand for further proceedings

Granted and Remanded

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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.