9th Circuit affirms deportation of Mexican band member threatened by cartel

Raul Perez Cruz, frontman of Los Dos de Nuevo Leon and recipient of a death threat made by a cartel, did not prove he was in danger if he returned to Mexico, the Ninth Circuit Court of Appeals ruled July 21.

Perez Cruz was convicted of money laundering in the United States, and in cooperation with the government had named members of the Gulf Cartel. In 2018, cartel members told his ranch hand that if he set foot in Mexico again, he would be killed, the ruling said. When appearing before an immigration judge, Perez Cruz said his brother was kidnapped by a cartel due to Perez Cruz’s cooperation. In 2009, he was kidnapped, held for three days, and beaten by cartel members. In 2004, he was kidnapped by cartel members and forced to perform at gunpoint until 3 a.m.

The Ninth Circuit found that Perez Cruz’s visits to Mexico even after the death threat proved he was not in danger. 

“He returned to Mexico days after the 2009 incident, reentered Mexico nearly 400 times between 2009 and his arrest in 2018, and even returned to Mexico after his ranch hand was threatened in early 2018. He was not harmed on any of these visits. This substantial evidence supports the (immigration judge’s) finding that Perez Cruz did not have a reasonable fear of future harm,” the ruling says.

Perez Cruz argued that audio issues when appearing remotely in front of an immigration judge prejudiced his description of harm to his brother, and that the record indicated he was in danger.

The Ninth Circuit ruled that the audio issues present in the hearing did not prejudice his testimony.

“After Perez Cruz’s counsel entered all his evidence into the record, and after the government conducted cross-examination, his counsel later confirmed she had nothing else to add. She also did not mention Perez Cruz’s second brother or his kidnapping in her closing statement. There is thus no reason to believe the IJ missed anything. And if there were, Perez Cruz’s counsel was presented with ample opportunities to cure the defect. Perez Cruz had a fair hearing with an opportunity to be heard. As a result, he has no due process claim,” the ruling said.

Ninth Circuit Judge R. Nelson wrote the ruling, joined by Sandra Ikuta, Ryan Nelson and Kenneth Lee.

Read the ruling here.