U.S. court finds better social acceptance in Mexico, rules against him
A gay man has lost his fight against being deported to Mexico, where he said he had been tortured by the government because of his sexual orientation.
A panel of judges from the U.S. 10th Circuit Court of Appeals ruled Wednesday against Efren Neri-Garcia. It was persuaded by evidence that the Mexican government had taken and was continuing to take steps to prevent violence and discrimination against gay men.
The court found that people in the Mexican government had mistreated Neri-Garcia nearly three decades ago, when he was imprisoned for a theft he did not commit. He entered the United States in 1997, was removed by the government but returned a day later.
Immigration authorities eventually zeroed in on Neri-Garcia.
Neri-Garcia lost before the Board of Immigration Appeals when he argued he would face torture if deported to Mexico.
The appeals court found that the had board appropriately considered Neri-Garcia's case. The court denied his petition to remand the matter to immigration officials.
Circuit Judge Terrence O'Brien of Cheyenne, Wyo., wrote the decision for the appeals panel. Joining in it were Judges Harris Hartz of Albuquerque and Stephen Anderson of Salt Lake City.