No Torture Relief in Immigration Order Appeal
An illegal alien who claimed that a return to her native Mexico would place her in danger will be going home after a panel of judges sided with immigration officials and declined to review her case. Elvira Garcia-Arce sought relief under the United Nations Convention against Torture, saying gang harassment and a family member who’d abused her sexually as a child were among the perils she faced. The woman was apprehended in a 2018 DUI arrest and ordered back by the Department of Homeland Security.
An Immigration Board of Appeals upheld reinstatement of an order Garcia-Arce had served in 2001, after which she once again entered the country illegally. Judges in Court of Appeals for the 7th Circuit said the board was right to do so because Garcia-Arce failed to provide evidentiary support for her claim under the convention. The US is signatory to the agreement, which provides relief for would-be emigres who face a return to countries where there is a reasonable expectation of physical harm. Judges said that the prospect of relocation within Mexico ensured Garcia-Arce’s safety because she’d earlier lived undisturbed four hours from her hometown.