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183269P.pdf 03/09/2020 Victor Perez-Rodriguez v. William P. Barr
U.S. Court of Appeals Case No: 18-3269
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges]
Petition for Review - Immigration. The BIA did not err in finding the
evidence failed to establish a persecutory motive for the conditions
present in Mexican mental institutions; based on the record before the
court, the court holds that a reasonable factfinder would not have to
conclude that membership in the petitioner's alleged group (persons
suffering from schizophrenia who exhibit erratic behavior) actually and
sufficiently motivated the Mexican government's acts or inaction toward
the group; as the BIA noted, economic and political considerations
contribute substantially to the regrettable institution conditions;
Mexico's inability to adequately fund mental health institutions does not
establish that the government has a patter of persecuting individuals with
a specific form of schizophrenia; in sum, under a substantial evidence
review, the BIA did not err in concluding petitioner failed to establish
that he would be subjected to persecution on account of his membership in
the alleged social group if he returned to Mexico.