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7^th Circuit Court of Appeals

Case Name: Javier Mejia v. Merrick B. Garland

Case No.: 21-2088

Officials: Wood, Scudder, and Jackson-Akiwumi, Circuit Judges

Focus: immigration

After DHS reinstated previous removal orders and initiated a new removal proceeding, Mejia made a plea for withholding of removal under 8 U.S.C. 1231(b)(3) and protection under the Convention Against Torture. His claim was based on the fear of facing violence from the criminal gang, Union of Tepito, if he were to be sent back to Mexico. Mejia recounted how he was initially assaulted and subjected to religious mockery by the gang when he refused to transport drugs for them, and the nearby police did nothing to intervene. Though Mejia later complied with the gang’s demands, he eventually fled to a different area on the outskirts of Mexico City after several drug deliveries. However, the gang was relentless in tracking him down, violently assaulting him, and issuing death threats. Fearing for his life, Mejia sought refuge in the United States. He expressed his belief that relocating within Mexico was not a viable option due to uncertainties about other gangs’ affiliations with Tepito and concerns about facing discrimination due to his Mexico City accent.

While the Immigration Judge (IJ) found Mejia’s testimony to be credible, relief was denied on the grounds that the prior attacks by the gang did not meet the legal criteria for persecution or torture. The IJ also concluded that Mejia failed to demonstrate the likelihood of future persecution, prove that his persecution was connected to membership in a qualifying social group, or show that Mexican authorities would be unwilling or unable to protect him. The IJ’s decision suggested that Mejia could escape the gang’s threats by relocating to a different place within Mexico. The Board of Immigration Appeals (BIA) upheld the IJ’s decision, and the Seventh Circuit subsequently denied a petition for review. Mejia’s counsel did not contest the finding regarding the possibility of relocation within Mexico.

Decided 07/27/23

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