Immigration and Nationality Act

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7^th Circuit Court of Appeals

Case Name: Israel Urzua Ortega v. Merrick Garland

Case No.: 21-3253

Officials: Easterbrook, Kirsch, and Jackson-Akiwumi, Circuit Judges.

Focus: Immigration and Nationality Act

Ortega, a Mexican national, appealed a decision by the Board of Immigration Appeals in the Seventh Circuit, seeking a review of their denial of his request for withholding of removal. Ortega, who unlawfully reentered the United States after a prior deportation, argued for withholding of removal under the Immigration and Nationality Act, contending that he faced persecution in Mexico from individuals beyond the control of the Mexican government.

Ortega, hailing from Mexico City, recounted numerous threats and assaults, including threats of murder from Tacho, his father’s cousin and a member of the Sinaloa cartel. He claimed that even while residing in the U.S., he continued to receive threats. Ortega’s 2021 arrest for driving with a revoked license led to the reinstatement of his 2006 removal order. Despite his fear of returning to Mexico, both an immigration judge and the Board of Immigration Appeals denied his claim for withholding of removal.

The court meticulously reviewed the decisions of the immigration judge and the Board of Immigration Appeals, applying a deferential standard of review. It concluded that ample evidence supported the findings that Ortega had failed to demonstrate the likelihood of persecution by entities beyond the control of the Mexican government. Notably, the court observed that the Mexican authorities had responded to previous threats against Ortega, Tacho was incarcerated in Mexico, and Ortega continued to receive threats while residing in the United States. Consequently, the court dismissed Ortega’s petition for review.

Decided 03/29/24

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