Xochihua-Jaimes v. Barr

Lucero Xochihua-Jaimes (defendant), a native and citizen of Mexico, filed a petition pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to remain in the United States. Xochihua-Jaimes had fled Mexico 20 years prior after being raped multiple times and kicked out of her parents’ home because she was a lesbian. In 2013, while in the United States, Xochihua-Jaimes reported her boyfriend to authorities for raping her daughter. He went to prison. He was affiliated with the Los Zetas drug cartel in Mexico, and his family told Xochihua-Jaimes that if she or her daughter ever returned to Mexico, the cartel would murder them. The Los Zetas drug cartel was very large and powerful within Mexico. Although the Mexican government undertook national efforts to combat public corruption and cartels, Xochihua-Jaimes presented evidence during her immigration proceeding that significant public corruption remained, particularly at lower levels within government, with police officers participating in or blatantly ignoring cartel activities. She also introduced evidence that individuals identifying as homosexual faced a heightened risk of torture in Mexico. The immigration judge (IJ) held that Xochihua-Jaimes did not demonstrate that she would be personally at risk of torture under CAT and denied her petition, finding that no one other than her family was aware of her sexual orientation and that the claims about Los Zetas were too speculative. The Board of Immigration Appeals affirmed the IJ’s ruling. Xochihua-Jaimes appealed.