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Abuse of Discretion – Sufficiency of Evidence

By: Derek Hawkins//July 23, 2019//

Abuse of Discretion – Sufficiency of Evidence

By: Derek Hawkins//July 23, 2019//

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7th Circuit Court of Appeals

Case Name: Francisco Lopez Gamero v. William P. Barr

Case No.: 17-3198; 18-1104

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

Focus: Abuse of Discretion – Sufficiency of Evidence

Francisco Lopez Gamero, a Mexican citizen and lawful permanent resident of the United States, faces removal because of two state drug convictions. An immigration judge found him removable as an alien convicted of the aggravated felony of “illicit trafficking in a controlled substance.” 8 U.S.C. § 1101(a)(43)(B). He sought deferral of removal under the Convention Against Torture, but the judge denied that relief because the evidence he presented about the risk of torture from Mexican drug cartels was largely speculative. The Board of Immigration Appeals affirmed.

Lopez Gamero later moved to reopen the removal proceedings based on new evidence—most notably, evidence that his brother-in-law and nephew had been kidnapped and held for ransom in Lopez Gamero’s hometown. The Board denied the motion, ruling that the new evidence was unlikely to change the outcome.

Lopez Gamero seeks review of both decisions. He raises three arguments: (1) his drug convictions do not qualify as “illicit trafficking” under § 1101(a)(43)(B) because the crimes in question do not require proof of remuneration; (2) the agency’s decision to deny his application under the Convention Against Torture is not supported by substantial evidence; and (3) the agency applied the wrong legal standard and abused its discretion when it denied his motion to reopen. We deny the petitions for review.

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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