Hernandez Garmendia v. Attorney General United States, No. 20-3211 (3d Cir. 2022)
Annotate this Case
Garmendia testified that he first entered the U.S. in 2017 although there was evidence that he had previously been returned to El Salvador. In 2019, he was arrested as an active MS-13 gang member. After the IJ granted a continuance to secure counsel, Garmendia stated that he wanted to proceed without counsel, had “no” mental health issues, and understood the procedural rights explained by the IJ. Later, represented by counsel, Garmendia sought asylum and withholding of removal, citing his membership in a particular social group, political opinion, and the Convention Against Torture. Before his hearing, Garmendia’s counsel withdrew; he confirmed that he wanted to proceed. When questioned about inconsistencies with his application, Garmendia stated that he had “issues remembering things.” Garmendia did not press the political opinion or torture grounds. The IJ ordered him removed, finding Garmendia’s application untimely under the one-year requirement; that Garmendia’s testimony was internally inconsistent and implausible as "inconsistent with the operations of MS-13”; that no social group had been identified; that there was no past persecution and no well-founded fear of future persecution. The BIA affirmed. Garmendia did not contest that he had suffered no past persecution.
The Third Circuit denied a petition for review. The IJ did not violate Garmendia’s due process rights by failing to develop the record or provide a fundamentally fair hearing. Substantial evidence supports the decision on the merits.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.