Published September 10, 2014
By Daniel M. Kowalski
“We agree with the respondent that the Immigration Judge’s analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. … The Immigration Judge also did not consider the report’s statement, “The placement of a person in long-term restraints over a life-time can meet the intent requirement [of the CAT] because staff knowingly places a person in this condition” (Respondent’s Br. at 14; Exh. 8 at 332), We acknowledge that the Ninth Circuit has concluded that the conditions “in the Mexican mental health institutions exist not out of a deliberate intent to inflict harm, but merely because of officials’ historical gross negligence and misunderstanding of the nature of psychiatric illness.” Villegas v. Holder, supra, at 989. However, Villegas was rendered before the 2010 DRI report, Thus, based on the record before us, we conclude that a remand is warranted for the Immigration Judge to consider the overlooked aspects of the DRI report regarding the CAT’s intent requirement and the use of long-term physical restraints in mental health institutions as torturous conduct. …
We conclude that a remand is warranted because the Immigration Judge considered only the efforts of the Mexican federal government to combat gang violence (Respondent’s Br, at 25~27). She did not consider whether those efforts have been effective, including whether public corruption at the state and/or local level precluded those efforts from being effective. Read more →
Manuel Rios received the “Ohtli” award from the Government of Mexico on October 11, 2013 at a reception hosted by the Consulate of Mexico in Seattle. The Ohtli award is given to individuals to recognize their exceptional contributions to the well-being, prosperity and empowerment of Mexican communities living outside of Mexico. Manuel, a founding partner of Rios & Cruz, was recognized for his years of work and success in defending the rights of the Latino and Mexican communities throughout Washington and the region, as well as providing legal services in collaboration with the Consulate of Mexico in Seattle since 2002. Previous recipients of the Ohtli award include Antonio Villaraigosa, the former Mayor of Los Angeles, Raul Izaguirre, founder of the National Council of La Raza, Bill Richardson, the former Governor of New Mexico and Arturo Rodriguez, President of the United Farm Workers.
Radio Program on El Rey 1360AM: Ryan McGrath discusses Rios & Cruz Deferred Action for Childhood Arrivals (DACA) public outreach program, appearing with the Mexican Consulate, 21 Progress, Plaza Bank and Liberty Tax. 21 Progress discusses their DACA specialized social loan program, which provides zero interest social loans for DACA eligible individuals who cannot afford the $465 application filing fee. For more information, follow the link here:
Read the entire report here: