Bonilla v. Attorney General United States, No. 17-2324 (3d Cir. 2018)
Annotate this CaseBonilla, a citizen of El Salvador, first attempted to enter the U.S. illegally in 2010 and was removed but returned. In 2017, Bonilla was arrested and found to be the subject of a removal order. He expressed a fear of persecution or torture if returned to El Salvador. Bonilla first three meetings with an asylum officer ended because Bonilla wanted his attorney present. At the fourth meeting, with his attorney present via telephone, Bonilla stated that he had been extorted by a gang in El Salvador because they thought he received money from his family in the U.S. and had light skin color. They never physically harmed or threatened him and he did not report these incidents to the police. The asylum officer issued a negative reasonable fear determination. Bonilla then appeared before an IJ. Bonilla later declared that he did not request that his attorney be present because he believed his attorney was listening on the phone; his counsel submitted a letter notifying the IJ of counsel’s error in not appearing. The IJ upheld the determination. The Third Circuit denied a petition for review. Bonilla has not shown that the regulations explicitly invested him with a right to counsel at the IJ’s review hearing and Bonilla was not denied the opportunity to obtain the counsel of his choice; his attorney simply failed him. Bonilla has not shown that he suffered prejudice by the absence of his counsel.
This opinion or order relates to an opinion or order originally issued on March 15, 2018.
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