Mendoza-Garcia v. Barr

Mendoza-Garcia, then 16, came to the U.S. from Guatemala in 2004. In 2011 removal proceedings, he sought asylum and withholding of removal, stating that he was afraid to return to Guatemala because his hometown had been torn apart by violence after a mayoral election won through fraud. His merits hearing was scheduled for November 2017. One week before that hearing, his attorney moved to withdraw, stating that he told Mendoza-Garcia six week earlier about an outstanding obligation related to their 2011 representation agreement. Mendoza-Garcia was unable to pay and requested more time. The IJ informed him that financial difficulty would not justify a continuance. When asked a third time if he objected to his attorney’s withdrawal, Mendoza-Garcia said no. The IJ granted the motion; the attorney left. The hearing proceeded, with interpreters translating from English to Spanish and from Spanish to Aguacateco, Mendoza-Garcia’s indigenous language. Mendoza-Garcia stated, “I don’t fear any person in particular or a group, per se,” but “they made us" "get involved with a group to protect the village,” giving him a gun. He stated that he had been expelled from the village and had “no idea what might happen.” The IJ again refused a continuance. The BIA and Sixth Circuit upheld the denial of relief. Denying a continuance was not irrational, discriminatory, or a departure from established policies. This type of procedural due process claim requires a showing of prejudice; Mendoza-Garcia could not show that his “claims could have supported a different outcome.” View "Mendoza-Garcia v. Barr" on Justia Law