The Board of Immigration Appeals (BIA) ruled on May 4, 2026, that a Mexican national, referred to as J-E-L, did not qualify for protection under the Convention Against Torture (CAT). This decision affects J-E-L's ability to remain in the United States, as he faces deportation back to Mexico, where he fears for his safety due to past threats from gang members.
The court found that J-E-L failed to demonstrate a clear probability of torture upon his return to Mexico. The ruling is significant as it highlights the challenges faced by individuals seeking asylum or protection from deportation based on fears of violence from criminal organizations.
Background
J-E-L, a native and citizen of Mexico, sought protection from removal after being deported from the United States in 2009. His request stemmed from fears of torture by the Surenos gang and the Jalisco New Generation cartel (CJNG), stemming from his past cooperation with U.S. law enforcement to incarcerate gang members.
After his deportation, J-E-L lived in Mexico for approximately 13 years, during which he reported receiving threats and experiencing violence, including a kidnapping in 2023. Despite these incidents, he managed to live without direct harm for many years. His case reached the BIA after the Department of Homeland Security (DHS) appealed an Immigration Judge's earlier decision that granted him deferral of removal under CAT.
The Ruling
The BIA, led by Chief Appellate Immigration Judge Malphrus and Appellate Immigration Judges Gemoets and Chaban, ruled in favor of DHS, stating that J-E-L did not meet the burden of proof required for CAT protection. The court noted, "The respondent has not met his burden to establish his eligibility for CAT protection."
The BIA emphasized that while J-E-L faced threats and intimidation, the evidence did not support a conclusion that he would likely be tortured if returned to Mexico. The court pointed out that he had lived in Mexico for years without suffering physical harm, despite the threats he received. The ruling stated, "The facts of this case do not establish an individualized risk of future torture to the respondent that is more likely than not."
Impact
This ruling has significant implications for J-E-L, who now faces removal to Mexico, where he fears for his safety. The decision also sets a precedent for similar cases where individuals claim protection from torture based on past experiences with gangs or cartels. It underscores the high burden of proof required to establish eligibility for CAT protection, which necessitates clear evidence of future harm and state action.
The BIA's decision indicates that general fears of violence or past threats may not be sufficient to warrant protection under CAT. This ruling could affect many individuals in similar situations, as it reinforces the need for specific evidence linking potential harm to state action or acquiescence.
What's Next
J-E-L's case may be appealed to a higher court, although details regarding any potential appeal were not included in the court filing. As of now, he is ordered to be removed from the United States to Mexico.