U.S. immigration law offers a number of avenues for individuals to seek protection from removal if they are facing certain types of imminent danger in their country of origin. The rules governing such protection claims are quite complicated, however, and you can not assume that simply informing the government of a threat to your life will be enough to let you stay in the country. This is why it is always essential to work with an experienced Chicago immigration lawyer when presenting any type of asylum or protection-based claim.
Recently the U.S. Seventh Circuit Court of Appeals, which oversees immigration appeals from Chicago and throughout Illinois, rejected an application to defer removal in a case in which the petitioner claimed he would be subjected to torture in his native country. The United States is a signatory to the United Nations Convention Against Torture, which prevents the federal government from returning or extraditing someone to any nation “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Nevertheless, U.S. law affords immigration officials significant latitude in deciding who qualifies for protection under the Convention.
In this case, the petitioner was born in Guatemala. When he was 11 years old, the petitioner’s family relocated him to the United States, where he became a legal permanent resident. 15 years later, in 2016, the Department of Homeland Security sought to remove the petitioner from the country following his conviction on state drug charges in Illinois.
The petitioner asked to defer removal under the Convention Against Torture. Specifically, the petitioner alleged he would be subjected to torture by Guatemalan gangs if he were returned to that country. The petitioner cited the experiences of his brother, who was previously deported by the U.S. to Guatemala. According to the petitioner, a specific gang “regularly extorted” his brother for money because it perceived him to be a wealthy ex-American. The gang routinely kidnapped and beat the petitioner’s brother when he was unable to pay its demands. The gang also threatened retaliation against other family members, including the petitioner. The petitioner’s brother died in 2012.
Despite the petitioner’s testimony, an immigration judge denied his request for deferral. The judge determined the petitioner’s fears of torture were “speculative,” and that there was insufficient proof that local authorities would fail to protect him if he were returned to Guatemala. The Board of Immigration Appeals later upheld the judge’s decision, leading the petitioner to seek relief from the Seventh Circuit.
The Court of Appeals declined to reverse the decision of the immigration authorities. As the Court explained in its written decision, the specific regulation the petitioner sought protection under states a petitioner must provide evidence “that it is more likely than not that he or she would be tortured if removed.” In other words, the mere fact the petitioner’s brother was previously tortured did not prove the petitioner would also be tortured. Even the threats made to the brother about the petitioner were not specific enough, the Court said, to justify the petitioner’s request to remain in the United States.
Every immigration case is unique. The Chicago immigration attorneys at Kriezelman Burton & Associates understand this, which is why we strive to provide experienced, professional representation to individuals struggling to deal with the immigration system. Contact us today to schedule a consultation so we can sit down and learn more about your immigration problem.
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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…

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