Cantarero-Lagos v. Barr

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The Fifth Circuit affirmed the BIA's order denying petitioner and her son's applications for asylum and withholding of removal. The court held that the BIA was not required to consider a reformulated particular social group on appeal that was never presented to the IJ. In this case, petitioners were on notice that appellate bodies like the BIA were not required to consider arguments made for the first time on appeal; petitioners were represented by counsel at each material stage of the proceedings; and the IJ gave their counsel multiple opportunities at the hearing to clarify or revise their proposed particular social group in view of his concerns about its viability. View "Cantarero-Lagos v. Barr" on Justia Law