Escobedo-Marquez v. Barr, No. 19-1025 (7th Cir. 2020)
Annotate this Case
Marquez and her 12-year-old daughter, Diana applied for admission into the U.S. at the California border. Marquez sought asylum and withholding of removal based on her belief that she could not live as an openly gay woman in Mexico without being persecuted. Marquez claims she received threats (via texts, social media, and letters) of physical harm to herself and her children. She reported the threats to the police, who did not help her. The threats stopped within four months. Marquez testified that she is concerned that her sexual orientation would limit her opportunities to work in Mexico and that other children might bully Diana for having a gay mother. Diana had attempted suicide because her peers at school had bullied her for reasons unrelated to her mother’s sexual orientation. Marquez fears that further bullying could trigger Diana again to try to take her own life.
The IJ denied the applications. She found Marquez credible and characterized her experiences in Mexico as “unsettling,” but not sufficiently imminent or severe to establish persecution. The IJ found that the threats stemmed not from her status as a gay person but from a personal dispute with an ex‐girlfriend; Marquez had not shown a well‐founded fear of future persecution. The BIA affirmed, noting reports of “positive developments" concerning the rights of LGBT persons in Mexico.” The Seventh Circuit denied a petition for review, finding the decision supported by substantial evidence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.