In a recent ruling, the Ninth Circuit has upheld a decision denying deportation relief to Miguel Angel Uribe Andrade, a Mexican man seeking asylum in the United States. The court sided with the Board of Immigration Appeals, concurring that Uribe had not sufficiently demonstrated a likelihood of being tortured in Mexico’s state-run mental health facilities, despite his claims of potential mistreatment.
Rejecting Hypotheticals and Unsubstantiated Claims
U.S. Circuit Judge Daniel A. Bress, speaking on behalf of the three-judge panel, dismissed Uribe’s argument, stating that his fears were based on a hypothetical chain of events rather than concrete evidence. The court emphasized Uribe’s lack of prior institutionalization and highlighted the improbability of his being committed to a mental health facility in Mexico.
Judge Bress further reasoned that even if Uribe were to be placed in such a facility, the conditions he feared did not meet the threshold for torture as outlined in the Convention Against Torture. Instead, they were likely a result of budgetary constraints rather than a deliberate intent to inflict harm.
Uribe’s Background and Legal Battle
Uribe’s journey through the U.S. legal system has been fraught with challenges. Having entered the country as a child in 1999, he later became entangled with criminal activities, including gang affiliation and drug offenses. Despite being granted a green card in 2012, subsequent convictions led to charges of removability by the U.S. Department of Homeland Security.
