Lemus-Galvan

BACKGROUND

Lemus-Galvan is a native and citizen of Mexico who has been a legal permanent resident of the United States since 1982. He was convicted of attempted second degree murder. On the basis of that conviction, he was denied relief under § 212(c) of the Immigration and Nationality Act and ordered deported in 1996.

After the BIA dismissed his appeal of that order, Lemus- Galvan moved to reopen proceedings to apply for deferral of removal under the CAT. He alleged that if he were returned to Mexico, it was more likely than not that he would be tor- tured by the Pimental family, a drug cartel that had been involved in a violent turf war with members of Lemus- Galvan’s extended family in the northern border regions of Mexico.

In 1999, an IJ granted reopening but denied deferral of removal under the CAT, finding that it was more likely than not that Lemus-Galvan could safely relocate to another part of 1 Where the BIA summarily affirms the IJ’s decision, we review the IJ’s decision. See Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1063 n.1 (9th Cir. 2003). LEMUS-GALVAN v. MUKASEY 2365 Mexico. Lemus-Galvan appealed the IJ’s denial of deferral of removal, and the BIA,…