Case Summary
**Case Summary: Rodriguez-Coss v. Barr**
**Docket Number:** 15-826072
**Court:** United States Court of Appeals for the Ninth Circuit
**Date:** Decided in 2020
**Background:**
Rodriguez-Coss, an individual from Mexico, sought protection under the Convention Against Torture (CAT) after being ordered to be removed from the United States. He claimed that if returned to Mexico, he faced a significant risk of torture by law enforcement due to his past experiences of police harassment related to his sexual orientation.
**Procedural History:**
Rodriguez-Coss applied for withholding of removal and CAT relief before the immigration court. The immigration judge (IJ) denied his application, determining that he had not established a likelihood of torture if returned to Mexico. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, which led Rodriguez-Coss to petition for review in the Ninth Circuit.
**Legal Issues:**
The primary legal issue in this case revolved around whether Rodriguez-Coss had demonstrated that it was more likely than not he would be tortured if deported to Mexico, particularly considering his sexual orientation and the treatment he might receive from authorities.
**Court's Analysis:**
The Ninth Circuit reviewed the BIA's decision for substantial evidence. The court considered evidence from country conditions reports and expert testimony regarding the treatment of LGBTQ individuals in Mexico, as well as Rodriguez-Coss's own testimonies and experiences.
The court found that substantial evidence supported the conclusion that while there was a risk of harm in Mexico, the evidence did not establish that Rodriguez-Coss was likely to be tortured by the state or with its consent. The court emphasized that mere harassment or fear of violence was insufficient to meet the CAT standard, which requires a higher threshold for the likelihood of torture.
**Holding:**
The Ninth Circuit upheld the BIA’s decision, rejecting Rodriguez-Coss's petition for review. The court concluded that he did not meet the burden of demonstrating he would likely face torture upon return to Mexico.
**Conclusion:**
Rodriguez-Coss v. Barr underscores the challenges faced by individuals seeking relief under the Convention Against Torture. The decision highlights the rigorous standards set by the court regarding what constitutes a likelihood of torture and the importance of credible evidence in immigration proceedings.