DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173688P.pdf 12/12/2018 Maleni Gutierrez Molina v. Matthew G. Whitaker
U.S. Court of Appeals Case No: 17-3688
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Benton, Author, with Wollman and Colloton, Circuit Judges]
Petition for Review - Immigration. Even if the Immigration Judge's action
in stopping petitioner's counsel from proposing a particular social group
at the close of the testimony was a fundamental procedural error,
petitioner had failed to show any resulting prejudice as the IJ went on to
analyze the claim based on membership in three social groups - family,
family of police officers and opponents of gangs - and she failed to show
the social group she claims she would have proposed - opponents of cartels
- would have changed the analysis and outcome of the case; IJ's questions
about petitioner's failure to report crimes to the police did not
demonstrate a deep-seated antagonism that would preclude a fair judgment;
two issues regarding humanitarian asylum and ineffective assistance of
counsel were raised for the first time in this petition for review and the
court lacked jurisdiction over the claims.