Reyes-Mendez v. Lynch

629 F. App'x 757
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 4, 2015
DocketNo. 14-3432
StatusPublished
Cited by3 cases

This text of 629 F. App'x 757 (Reyes-Mendez v. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reyes-Mendez v. Lynch, 629 F. App'x 757 (7th Cir. 2015).

Opinion

[758]*758ORDER

Ramiro Reyes-Mendez fears that if he returns to his small hometown in the Mexican state of Veracruz, the Zetas- — a powerful drug cartel in Mexico — will extort money from him on threat of death, just as they have done for years to his uncles. The Board of Immigration Appeals denied Reyes-Mendez’s application for withholding of removal, concluding that he could not show a nexus between potential future persecution and his membership in a protected social group and, alternatively, that he had not shown that he could not reasonably relocate to a part of Mexico where he would not face persecution. Because we agree with the Board that Reyes-Mendez could reasonably relocate to another part of Mexico, we deny his petition.

Reyes-Mendez entered the United States without inspection in August 2000 at the age of 17. In February 2010 he was arrested for driving without a license and placed into removal proceedings. He applied for asylum, withholding of removal, and protection under the Convention Against Torture and claimed that he would be persecuted because of his membership in three different social groups: the Reyes family, “well-known families who own businesses that are perceived as prosperous,” and Mexican citizens who had lived and worked in the United States and would be perceived as wealthy on their return. Reyes-Mendez also suggested that he could be persecuted for his political opposition to the Zetas.

As he testified and explained in his affidavit, Reyes-Mendez was bom in 1983 in the town of Yecuatla in the state of Veracruz and lived there with his grandmother from an early age after his parents separated. His mother immigrated to the United States in 1988, where she met Gonzalo Ramirez, with whom she had three daughters. She died in 1994 in a car accident in Illinois. Reyes-Mendez’s father, who had remained in Veracruz, died in a work accident in 1990.

In 2000, after graduating high school in Yecuatla, Reyes-Mendez crossed the border into the United States in the Arizonan desert and made his way to McHenry, Illinois. He lived with his uncle, Donato Reyes Zarate until 2005, when Donato returned to Yecuatla and opened a business selling construction materials. Reyes-Mendez stayed in McHenry, moving in with his stepfather, Gonzalo, and his three half-sisters. He currently works at an auto body shop.

Between 2005 and 2010, Reyes-Mendez was charged and pleaded guilty six times to driving without a license, operating an uninsured motor vehicle, and other traffic violations. He provided false names when he was arrested, he said, because he did not want to be returned to Mexico. After his last arrest in 2010, Reyes-Mendez was placed into removal proceedings.

When he realized he might be sent back to Mexico, Reyes-Mendez contacted his uncle Donato. Donato told Reyes-Mendez that the Zetas were extorting money from him and that he feared for his life and for his family. Donato explained that he received his first threat in late 2008, when a person identifying himself as a Zeta telephoned him, insulted him, and told him to deposit money into an account. Donato feared giving Reyes-Mendez more details about the extortion and told him to call his other uncle, Vicente Reyes Zarate, who was also being extorted by the Zetas.

Vicente was more willing to tell Reyes-Mendez about the threats. Vicente also lived in Yecuatla, where he owned two hardware stores and belonged to the Chamber of Commerce. He told Reyes-Mendez that in late 2008, he too had received a call from a man who identified [759]*759himself as a Zeta and told him that he had to give the Zetas money every month or they would kill him and his family. To underscore the seriousness of the threat, the Zeta described Vicente, his wife, and each of his children, as well as the family’s daily habits. He threatened to kill them if they told anyone about the extortion. Initially he demanded a large sum of money, but Vicente could not pay that much, so he agreed to receive 8,000 pesos every month instead. Vicente also told Reyes-Mendez that the Zetas appeared to know a lot about Reyes-Mendez and his immediate family and had even asked specifically about him.

Reyes-Mendez explained to the IJ that his uncles were targeted by the Zetas because they were business owners with financial means. He feared returning to Yecuatla because, as his uncles’ nephew, he would also be targeted for extortion and death threats, especially since the Zetas had already asked about him by name. The Zetas, he added, had infiltrated and corrupted both the local and state authorities, including the police forces, and no one in Veracruz could protect him or his family-

The Zetas are considered one of Mexico’s most dangerous and violent drug cartels. Originally constituted to serve as the enforcement arm for the Gulf cartel (a powerful cartel based in Tamaulipas, the state directly north of Veracruz), the Zetas’ original membership comprised 30 soldiers drawn from Mexico’s special forces. The Mexican Ministry of Defense' has described them as “the most formidable death squad” in the history of organized crime in Mexico. Their core areas of operation are on the east coast of Mexico, from the state of Tamaulipas along the Texas border down through Veracruz and into the Yucatán Peninsula. In addition to trafficking in drugs, the Zetas engage in a variety of other crimes, including kidnapping, extortion, assassination, and murder for hire. In Reyes-Mendez’s home state of Veracruz, they have bribed and extorted local officials and tortured and killed street vendors who refused to sell their specially-marked black-market goods.

Reyes-Mendez testified that if he returned to Mexico, he had nowhere to go but Yecuatla because his entire family lives there. He explained that he would be at risk of harm from the Zetas because he would have to. get a job working for one of his uncles.

Reyes-Mendez supplemented his own testimony with an affidavit from his uncle Vicente, which corroborated his story. He also submitted news reports and country-conditions reports from both the U.S. State Department and human rights organizations.' The reports document gang violence and local corruption in Veracruz, the violence of Mexico’s drug war in general, and corruption in local government and police throughout Mexico.

The IJ credited Reyes-Mendez’s testimony, but concluded that he was not eligible for asylum, withholding of removal, or protection under CAT. The IJ -determined that his asylum application was untimely and that changed circumstances did not permit his late filing because he had not applied within a reasonable time of learning about his uncles’ extortion.

With regard to Reyes-Mendez’s claim for withholding of removal, the IJ first explained that he could not show that he would be persecuted on account of a protected ground. The IJ rejected his proposed social group of “well-known families who own businesses and are perceived as prosperous” because it was defined by profession and wealth, neither of which was an immutable characteristic. His second asserted social group — “Mexican citizens who have lived and worked abroad and are [760]*760perceived as wealthy” — was also not cognizable, the IJ ruled, because it was simply too broad, and the group lacked any important, common characteristic besides being targeted for persecution. Although the IJ concluded that Reyes-Mendez’s family might constitute a protected social group, she concluded that Reyes-Mendez had not shown that his persecutors would persecute him on account of his family ties.

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Bluebook (online)
629 F. App'x 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-mendez-v-lynch-ca7-2015.