Case: 18-12756 Date Filed: 09/06/2019 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-12756 Non-Argument Calendar ________________________ Agency No. A206-730-222 IRLIS MAHELI LOPEZ BARRIOS, ONEYBER JOSUE DE LEON-LOPEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 6, 2019) Before JORDAN, ROSENBAUM, and BRANCH, Circuit Judges. PER CURIAM: Case: 18-12756 Date Filed: 09/06/2019 Page: 2 of 11 Irlis Maheli Lopez Barrios and her young son, Oneyber Josue De Leon-Lopez, are natives and citizens of Guatemala. The Board of Immigration Appeals denied their application for asylum and they petition for review of that decision. Ms. Lopez Barrios and Mr. Leon-Lopez claim that the BIA failed to review the total information presented to the immigration judge purportedly proving that they are in fear of violence and future persecution in Guatemala, and thus failed to render a reasoned decision in their case. They also challenge the BIA’s classification of Ms. Lopez Barrios’ group as “rural area women in Guatemala with cognitive disabilities” instead of the more general social group “individuals with cognitive disabilities.” After a thorough review of the record and the parties’ briefs, we deny the petition in part and dismiss in part. I Ms. Lopez Barrios and her 10-year-old son were apprehended in Hidalgo, Texas and charged as removable under the Immigration and National Act, see 8 U.S.C. § 212(a)(6)(A)(i). Ms. Lopez Barrios filed for asylum on behalf of herself and her son. She attached a supporting affidavit to her form, which included a neuropsychological evaluation that reported her as having a “full scale IQ of 53” and “classifying her performance within the Extremely Low range of functioning.” AR at 437. 2 Case: 18-12756 Date Filed: 09/06/2019 Page: 3 of 11 Before her hearing, the IJ asked Ms. Lopez Barrios’ counsel whether he was concerned about her ability to assist in presenting the case. Ms. Lopez Barrios’ attorney answered that, while there had been difficulties, “I would say in general I feel like she has assisted.” Id. at 109. The IJ asked whether a competency hearing should be held, and her attorney declined, noting that the IJ should instead “take into account” her intellectual deficiencies when evaluating her testimony. Id. The IJ also asked whether Ms. Lopez Barrios had a definition of the particular social group of which she claimed to be a member. Her attorney responded, “women living in rural areas in Guatemala who suffer from cognitive disability.” Id. at 40. Ms. Lopez Barrios testified that she was born in a rural town near San Marcos, Guatemala. She went to school, but did not finish. It was very difficult for her to understand what was being taught and she stopped going to school when she was 15 years old, without completing the fifth grade. She testified that her parents moved to the United States, and she lived with her grandparents. After she dropped out of school, ...
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