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Media Alerts - Efren Neri-Garcia v. Eric Holder - 10th Circuit
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December 6, 2012
  Efren Neri-Garcia v. Eric Holder - 10th Circuit
Headline: Tenth Circuit affirms Board of Immigration Appeals finding that conditions in Mexico, with respect to the treatment of gay men, have changed significantly so that peitioner is no longer at risk of persecution should he be deported to Mexico.

Area of Law: Immigration

Issue(s) Presented: Whether the conditions in Mexico, with respect to the treatment of gay men, have changed sufficiently to overcome the presumption that petitioner, a gay man, would be at risk if he was deported to Mexico.

Brief Summary: Neri-Garcia, a citizen of Mexico, argued that he should not be deported because in Mexico he faces persecution or torture on account of his sexual orientation. An immigration judge, and later the Board of Immigration Appeals (BIA), found that conditions in Mexico had changed since Neri-Garcia was last in Mexico so much that his fears of persecution or torture were no longer reasonable. The Tenth Circuit found no abuse of discretion by the BIA and affirmed its decision.

Date of Issued Opinion: 10/3/2012

Docket Number: 11-9566

Decided: Petition for Review Denied

Counsel (if known): Dario Aguirre, Aguirre Law Group P.C., Denver, CO, for Petitioner

Linda S. Wernery, Assistant Director, Civil Division, Walter Bocchini, Office of Immigration Litigation, Civil Division, U.S. Dept. of Justice, Washinton, D.C., for Respondent.

Author of Opinion: Judge O'Brien

Edited: 12/12/2012 at 10:25 AM by Media Alerts Moderator

    Posted By: Brian Graupner @ 12/06/2012 03:53 PM     10th Circuit  

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