Neri-Garcia v. Holder, 696 F.3d 1003

Neri-Garcia, a Mexican national, faced past persecution and torture due to his homosexuality, including imprisonment and mistreatment in Guadalajara, before leaving Mexico in 1994.
He reentered the United States after a 1997 removal, later seeking restriction on removal and CAT relief following a 2011 credible-fear finding.
An IJ found past persecution based on sexual orientation but held that DHS had rebutted the presumption of future persecution with evidence of a fundamental change in Mexico.
The IJ relied on the 2009 and 2010 US State Department Country Reports, noting societal discrimination but reporting progress in protections for gays in Mexico.
Andres Villa Lopez corroborated some details about abuse but offered limited details, while acknowledging ongoing violence against gays in Mexico.
The BIA adopted the IJ’s reasoning, denied relief, and denied remand with new articles about killings of two gay activists being deemed non-material.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the Country Reports' change in conditions rebut the presumption?	Neri-Garcia argues reports show no fundamental change since his past persecution.	Neri-Garcia's argument is insufficient; Country Reports reflect improvements and rely on substantial evidence.	No clear error; substantial evidence supports change in circumstances.
Whether discrimination evidence suffices to show threat	Discrimination persists; government failures to protect gays undermine safety.	Discrimination alone does not establish threat; broader government protection is evident.	Discrimination alone not enough; substantial evidence supports relief denial.
CAT relief proper given time and evidence	Past torture should strongly weigh in favor of CAT relief.	Past torture does not automatically yield CAT relief; current conditions do not show likelihood of torture.	BIA's CAT denial supported by substantial evidence.
Remand motion properly denied based on new articles	New killings show ongoing danger and warrant remand for reconsideration.	New articles are largely cumulative and not material; no abuse of discretion.	No abuse; remand properly denied.

Uanreroro v. Gonzales, 443 F.3d 1197 (10th Cir. 2006) (review of BIA factual determinations for substantial evidence)
Ba v. Mukasey, 539 F.3d 1265 (10th Cir. 2008) (discrimination alone does not equal persecution)
Krastev v. INS, 292 F.3d 1268 (10th Cir. 2002) (Country Reports must reflect current conditions; individualized analysis required)
Niang v. Gonzales, 422 F.3d 1187 (10th Cir. 2005) (presumption of future persecution and burden to show change in circumstances)
Witjaksono v. Holder, 573 F.3d 968 (10th Cir. 2009) (remand and reopen standards; abuse of discretion considerations)
Yan v. Gonzales, 438 F.3d 1249 (10th Cir. 2006) (CAT standard and relevance of torture evidence)
Yuk v. Ashcroft, 355 F.3d 1222 (10th Cir. 2004) (practice of weighing evidence in asylum determinations)
Krastev v. INS, 292 F.3d 1268 (10th Cir. 2002) (see above (duplicate entry kept for consistency))