Rivera Moncada v. Sessions

16-3440 (L) Rivera Moncada v. Sessions BIA Montante, IJ A205 152 850 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. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 5th day of October, two thousand eighteen. PRESENT: ROBERT A. KATZMANN, Chief Judge, ROSEMARY S. POOLER, SUSAN L. CARNEY, Circuit Judges. _____________________________________ EIDER FREDY RIVERA MONCADA, AKA LEONARDO TEJUCA, AKA ELDER FREDY RIVERA MONCADA, AKA EIDER FREDDY RIVERA MONCADA, AKA ELDER FREDDY RIVERA MONCADA, Petitioner, v. 16-3440(L); 17-1505(Con) NAC JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Lisa D. Mendel, Laura M. Conley, Meyers & Meyers, LLP, Albany, NY. FOR RESPONDENT: Chad A. Readler, Principal Deputy Assistant Attorney General; Anthony P. Nicastro, Assistant Director; Linda Y. Cheng, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. FOR AMICUS CURIAE: John E. Willshire, Nancy Kelly, Harvard Immigration & Refugee Clinic of Greater Boston Legal Services, Boston, MA. UPON DUE CONSIDERATION of these petitions for review of Board of Immigration Appeals (“BIA”) decisions, it is hereby ORDERED, ADJUDGED, AND DECREED that the motion for leave to file an amicus curiae brief and the petitions for review are GRANTED, the BIA’s orders are VACATED, and the case is REMANDED to the BIA for further proceedings consistent with this opinion. Petitioner Eider Fredy Rivera Moncada, a native and citizen of Colombia, seeks review of a September 12, 2016 decision of the BIA affirming a December 8, 2014 decision of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), In re Eider Fredy 2 Rivera Moncada, No. A205 152 850 (B.I.A. Sept. 12, 2016), aff’g No. A205 152 850 (Immig. Ct. Buffalo Dec. 8, 2014), and an April 13, 2017 decision of the BIA denying his motion to reopen his removal proceedings, In re Eider Fredy Rivera Moncada, No. A205 152 850 (B.I.A. Apr. 13, 2017). We assume the parties’ familiarity with the underlying facts and procedural history in this case. Under the circumstances of this case, “we review the IJ’s and the BIA’s decisions together.” Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals