690 F. App'x 924
9th Cir.2017Background
- Petitioner Javier Adame Chavarin, a Mexican national and former U.S. lawful resident, was previously convicted of assault with a deadly weapon, deported in 2000, then institutionalized in Tijuana for schizophrenia and later detained when he attempted to re-enter the U.S.
- While in a private Mexican mental-health facility, Chavarin alleges he was attacked and mistreated; he fears similar or worse treatment if removed to Mexico.
- Chavarin sought deferral of removal under the Convention Against Torture (CAT), submitting his testimony, family testimony, a Disability Rights International report on Mexican psychiatric institutions, and an expert declaration by Eric Rosenthal.
- The Immigration Judge (IJ) found Chavarin credible but denied CAT relief, concluding the record did not show the Mexican government or officials had the specific intent to inflict severe pain or suffering required for CAT protection.
- The IJ also denied administrative closure based on a finding that Chavarin was competent to proceed with counsel; the BIA affirmed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conditions in Mexican mental-health facilities amount to "torture" under CAT (specific intent requirement) | Deterioration/no remedial action means government acquiescence rises to specific intent to cause severe suffering | Record shows some improvements and lacks proof of state intent to inflict severe pain; conditions are poor but not intentionally torturous | No CAT relief: substantial evidence supports finding that Mexico/state actors lacked specific intent to torture |
| Whether the IJ failed to give reasoned consideration to expert declaration (Cole standard) | Rosenthal’s declaration shows near inevitability of institutionalization and inhumane treatment; IJ ignored/disregarded it | IJ considered the declaration but found it unpersuasive given family support, prior private (not public/involuntary) institutionalization, and record facts | IJ considered but reasonably rejected the expert’s conclusions; no error under Cole |
| Jurisdiction to review denial of administrative closure and attendant competence/due-process claim | IJ erred by denying administrative closure on competency grounds; removal should be paused | Denial of administrative closure is not reviewable here; IJ found Chavarin competent and provided safeguards; proceedings may continue with safeguards even if alien is incompetent | Petition dismissed as to administrative-closure issue (no jurisdiction); due-process claim fails because Chavarin was found competent and received safeguards |
Key Cases Cited
- Villegas v. Mukasey, 523 F.3d 984 (9th Cir.) (conditions in Mexican mental-health facilities did not demonstrate government-specific intent to cause torture)
- Cole v. Holder, 659 F.3d 762 (9th Cir.) (BIA must give reasoned consideration to potentially dispositive testimony and documentary evidence)
- Diaz-Covarrubias v. Mukasey, 551 F.3d 1114 (9th Cir.) (court lacks jurisdiction to review denial of administrative closure)