Artemio Jimenez-Castro v. Jefferson Sessions, III
698 F. App'x 185
| 5th Cir. | 2017Background
- Petitioner Artemio Jimenez-Castro, a Mexican national and deportee, sought withholding of removal and protection under the Convention Against Torture (CAT) after threats/extortion by the criminal organization Los Zetas.
- The Immigration Judge (IJ) denied relief; the Board of Immigration Appeals (BIA) dismissed his appeal, agreeing with the IJ.
- Jimenez-Castro argued he faced persecution as a member of two proposed particular social groups: (1) his family (previously extorted by Los Zetas) and (2) Mexican deportees perceived as wealthy and targeted by Los Zetas.
- He also argued he would more likely than not be tortured if returned to Mexico and that the government would acquiesce.
- The Fifth Circuit reviews the BIA and IJ findings under the substantial-evidence standard and considered whether the record compelled a different result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is a member of a cognizable particular social group | Jimenez-Castro: family or Mexican deportees perceived as wealthy are cognizable groups | Govt/BIA: proposed groups not cognizable or unsupported | Held: Not shown to be cognizable |
| Whether petitioner was or will be persecuted on account of group membership | Jimenez-Castro: past extortion and targeting show persecution or well-founded fear | Govt/BIA: evidence shows criminal motive for profit, not targeting for membership | Held: Record does not compel finding membership was central reason for harm |
| Whether petitioner is entitled to withholding of removal | Jimenez-Castro: persecution/risk meets withholding standard | Govt/BIA: substantial-evidence supports denial | Held: Denied — petitioner failed to meet standard |
| Whether petitioner is entitled to CAT relief | Jimenez-Castro: likely torture by Los Zetas and government acquiescence | Govt/BIA: no showing of torture likelihood, state acquiescence, or inability to relocate safely | Held: Denied — petitioner failed to show torture more likely than not |
Key Cases Cited
- Wang v. Holder, 569 F.3d 531 (5th Cir. 2009) (substantial-evidence standard for BIA review)
- Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012) (standards for cognizable particular social groups)
- Shaikh v. Holder, 588 F.3d 861 (5th Cir. 2009) (causal nexus and centrality analysis for persecution claims)
- Garcia v. Holder, 756 F.3d 885 (5th Cir. 2014) (distinguishing criminal/extortionate motives from protected-ground targeting)
- Ramirez-Mejia v. Lynch, 794 F.3d 485 (5th Cir. 2015) (CAT standards: likelihood of torture and government acquiescence)
- Tamara-Gomez v. Gonzales, 447 F.3d 343 (5th Cir. 2006) (relocation within country and CAT analysis)