Mejia v. Garland, No. 21-2088 (7th Cir. 2023)
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After DHS reinstated prior removal orders and initiated another removal proceeding, Mejia sought withholding of removal, 8 U.S.C. 1231(b)(3), and protection under the Convention Against Torture. He claimed that if returned to Mexico, he would face violence from the criminal gang, Union of Tepito. When Mejia initially refused to transport drugs for Tepito, the gang beat him and mocked his religion; police were nearby and ignored the beating but Mejia could not say whether they saw it. Mejia capitulated but, after a few drug deliveries, he relocated to a different area on the outskirts of Mexico City. The gang found him, hit his head with a gun, and threatened to kill him. Mejia fled to the U.S. He testified that he believed he could not relocate within Mexico because he did not know if other gangs were affiliated with Tepito and feared people would discriminate against his Mexico City accent.
The IJ found Mejia credible but denied relief, finding that the gang’s prior attacks did not qualify as persecution or torture; Mejia failed to demonstrate future persecution would be likely, that his persecution was tied to membership in a qualifying social group, or that Mexican officials would be unwilling or unable to protect him. The IJ decided that Mejia could avoid the gang by relocating within Mexico. The BIA affirmed. The Seventh Circuit denied a petition for review. Mejia’s counsel had not disputed the relocation finding.
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