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Immigration – Removal Order

By: Derek Hawkins//April 22, 2019//

Immigration – Removal Order

By: Derek Hawkins//April 22, 2019//

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7th Circuit Court of Appeals

Case Name: Rafael Giovanni Herrera-Garcia, v. William P. Barr

Case No.: 18-1511; 18-3196

Officials: KANNE, ROVNER, and BARRETT, Circuit Judges.

Focus: Immigration – Removal Order

Rafael Giovanni Herrera-Garcia seeks to avoid removal to El Salvador because he says that he will be tortured by gangs or corrupt government authorities if he is forced to return there. An immigration judge found that Herrera-Garcia had not shown that he, specifically, would be in danger and denied his request for relief. The judge also concluded that Herrera-Garcia had not established that the government would have inflicted or allowed the alleged torture. The Board adopted and affirmed that decision.

Because the administrative decisions are supported by substantial evidence in the record, we deny Herrera-Garcia’s petition for review of these decisions. We also reject his second petition for review on the denial of his motion for reconsideration because we agree with the Board that it was untimely.

Petition Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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