Gonzalez-Polanco v. Rosen

19-30 Gonzalez-Polanco v. Rosen BIA Christensen, IJ A 206 846 591/592 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 13th day of January, two thousand twenty- 5 one. 6 7 PRESENT: 8 JOSÉ A. CABRANES, 9 ROBERT D. SACK, 10 WILLIAM J. NARDINI, 11 Circuit Judges. 12 _____________________________________ 13 14 MARIA FERNANDA GONZALEZ-POLANCO, 15 CHRISTOPHER MAURICIO ORELLANA- 16 GONZALEZ 17 Petitioners, 18 19 v. 19-30 20 NAC 21 JEFFREY A. ROSEN, ACTING UNITED 22 STATES ATTORNEY GENERAL, 23 Respondent. 1 24 _____________________________________ 1Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Jeffrey A. Rosen is substituted for former Attorney General William P. Barr. 1 2 FOR PETITIONERS: H. Raymond Fasano, Attorney, 3 Youman, Madeo & Fasano, LLP, New 4 York, NY. 5 6 FOR RESPONDENT: Jeffery Bossert Clark, Acting 7 Assistant Attorney General; 8 Shelley R. Goad , Assistant 9 Director; Kristin Moresi, Trial 10 Attorney, Office of Immigration 11 Litigation, United States 12 Department of Justice, Washington, 13 DC. 14 UPON DUE CONSIDERATION of this petition for review of a 15 Board of Immigration Appeals (“BIA”) decision, it is hereby 16 ORDERED, ADJUDGED, AND DECREED that the petition for review 17 is DENIED. 18 Petitioners Maria Fernanda Gonzalez-Polanco and her son 19 Christopher Mauricio Orellana-Gonzalez, both natives and 20 citizens of Guatemala, seek review of a December 3, 2018, 21 decision of the BIA affirming an October 23, 2017, decision 22 of an Immigration Judge (“IJ”) denying asylum, withholding of 23 removal, and protection under the Convention Against Torture 24 (“CAT”). In re Maria Fernanda Gonzalez-Polanco, Christopher 25 Mauricio Orellana-Gonzalez, No. A 206 846 591/592 (B.I.A. 26 Dec. 3, 2018), aff’g No. A 206 846 591/592 (Immig. Ct. New 27 York City Oct. 23, 2017). We assume the parties’ familiarity 28 with the underlying facts and procedural history. 2 1 We have reviewed the decision of the IJ as supplemented 2 by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 3 Cir. 2005). The applicable standards of review are well 4 established. See 8 U.S.C. § 1252(b)(4)(B); Paloka v. Holder, 5 762 F.3d 191, 195 (2d Cir. 2014) (reviewing factual findings 6 for substantial evidence and questions of law de novo); Gjolaj 7 v. ...

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