Mejia Lopez De Velasquez v. Garland

19-228 Mejia Lopez De Velasquez v. Garland 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 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 for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of 3 New York, on the 23rd day of November, two thousand twenty-two. 4 5 PRESENT: 6 PIERRE N. LEVAL, 7 REENA RAGGI, 8 MYRNA PÉREZ, 9 Circuit Judges. 10 _____________________________________ 11 12 Elba L. Mejia Lopez De Velasquez, C.S.V.M., 13 14 Petitioners, 15 16 v. No. 19-228 17 18 Merrick B. Garland, United States Attorney General 19 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONERS: MIKHAIL USHER, Usher Law Group P.C., 24 Brooklyn, NY. 25 26 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General, 27 Civil Division, Shelley R. Goad, Assistant 28 Director, Office of Immigration Litigation, 29 LISA MORINELLI, Trial Attorney, Office of 30 Immigration Litigation, United States 31 Department of Justice, Washington, DC. 1 Petition for review of a December 26, 2018 decision of the Board of Immigration Appeals 2 (“BIA”) vacating a July 27, 2017 decision of an Immigration Judge (“IJ”) granting Petitioners’ 3 application for asylum and protection under the Convention Against Torture (“CAT”). 4 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 5 DECREED that the petition for review is GRANTED in part and DENIED in part. 6 Accordingly, the decision of the BIA is VACATED in part, and the case is REMANDED for 7 proceedings consistent with this summary order. 8 Petitioners, Elba Mejia Lopez de Velasquez and her son, C.S.V.M., natives and citizens of 9 Guatemala, allegedly entered the United States without inspection or valid entry documents. 10 Mejia timely applied for asylum, withholding of removal, and CAT relief, and listed her son as a 11 derivative beneficiary. An IJ granted asylum and, alternatively, CAT relief. In re Elba L. Mejia 12 Lopez de Velasquez, C.S.V.M., Nos. A205-415-390, A205-415-391 (Immigr. Ct. N.Y.C. July 27, 13 2017). The BIA vacated the IJ’s decision after concluding, most relevantly, that under the 14 circumstances of this case, threats of harm motivated by her family’s perceived wealth do not 15 constitute persecution under the statutory standard for asylum and withholding of removal, and 16 that she had not established the Guatemalan government’s acquiescence to her torture. In re Elba 17 L. Mejia Lopez de Velasquez, C.S.V.M., Nos. A205-415-390, A205-415-391 (B.I.A. Dec. 26, 18 2018). We assume the parties’ familiarity …

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