2022 Supreme(US)(ca7) 175
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
St__Eve
Roberto Cabrera-Ruiz – Appellant
Versus
Merrick B. Garland – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 21-2085 ROBERTO CABRERA-RUIZ, Petitioner, v. MERRICK B. GARLAND, Attorney General of the United States, Respondent. ____________________
Petition for Review of an Order of the Board of Immigration Appeals. No. A028-801-596 ____________________
ARGUED JANUARY 7, 2022 — DECIDED JUNE 14, 2022 ____________________
Before EASTERBROOK, ST. EVE, and KIRSCH, Circuit Judges.
ST. EVE, Circuit Judge. Roberto Cabrera-Ruiz, a Mexican na-
tional, has a long history of entries into the United States, de-
portations after convictions for crimes of varying severity,
and subsequent reentries beginning the cycle anew. In 2018,
Drug Enforcement Administration (“DEA”) agents arrested
Cabrera-Ruiz for a suspected drug trafficking offense.
2 No. 21-2085 Cabrera-Ruiz pleaded guilty to illegal reentry instead and re-
ceived a time-served sentence. He now faces deportation.
Cabrera-Ruiz applied for deferral of removal pursuant to
the Convention Against Torture. The immigration judge (“IJ”)
denied Cabrera-Ruiz relief, relying heavily on an adverse
credibility determination. The Board of Immigration Appeals
(“BIA”) dismissed Cabrera-Ruiz’s appeal. Because substantial
evidence supports the IJ’s and the BIA’s decisions, we deny
Cabrera-Ruiz’s petition for review.
I. Background
Cabrera-Ruiz most recently reentered the United States in
2015 after spending seven years in Mexico following a 2008
deportation. On December 3, 2018, DEA agents arrested
Cabrera-Ruiz in Chicago, Illinois, with eight kilograms of co-
caine. Over the next two years, Cabrera-Ruiz made four in-
consistent statements regarding the drugs, his experiences
with Mexican cartels, and fear of return.
Cabrera-Ruiz spoke with DEA agents shortly after his ar-
rest. He told the DEA agents he received the drugs through a
man named “Claudio” from Michoacán, Mexico. Cabrera-
Ruiz claimed he met Claudio in Mexico three or four months
prior. There, Claudio asked Cabrera-Ruiz to traffic cocaine.
The two used a nameless middleman.
The next day, Cabrera-Ruiz interviewed with an Immigra-
tion and Customs Enforcement (“ICE”) agent. He told the ICE
agent he got the cocaine from someone he used to work with
in Ohio. Cabrera-Ruiz believed the man was linked to the La
Familia Michoacana drug cartel but did not know which car-
tel was running the current operation. Cabrera-Ruiz also ex-
plained his prior experience with organized crime. At a young
No. 21-2085 3 age while living in California, Cabrera-Ruiz joined the
Sureños 13 gang and received gang tattoos. After his 2008 de-
portation to Mexico, Cabrera-Ruiz worked as a driver for La
Familia Michoacana. Starting in 2009, he drove for a different
cartel, the Cártel de Jalisco Nueva Generación (“CJNG”).
Cabrera-Ruiz claimed he drove contraband in semi-trucks but
never knew what he was hauling. The ICE agent then asked
Cabrera-Ruiz if he feared persecution or torture if removed
from the United States:
Do you have any fear of persecution or torture should
you be removed from the United States? Maybe you
think because of like political reasons, or maybe reli-
gious reasons you’re going to be persecuted or tor-
tured. If you do have such a fear, then you would go
through what’s called the asylum process. While
you’re in custody here, you would see an Asylum Of-
ficer and you can explain why you fear persecution or
torture based on, you know, like a group of certain cat-
egories. Like I said, some of them are religious reas