Wei v. Garland

20-1970 Wei v. Garland BIA Wright, IJ A205 809 340 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 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 22nd day of September, two thousand twenty- 5 two. 6 7 PRESENT: 8 PIERRE N. LEVAL, 9 JOSEPH F. BIANCO, 10 ALISON J. NATHAN, 11 Circuit Judges. 12 _____________________________________ 13 14 YANG CAI WEI, 15 Petitioner, 16 17 v. 20-1970 18 NAC 19 MERRICK B. GARLAND, UNITED 20 STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Gary J. Yerman, New York, NY. 25 26 FOR RESPONDENT: Brian Boynton, Acting Assistant 27 Attorney General; Brianne Whelan 28 Cohen, Senior Litigation Counsel; 1 Todd J. Cochran, Trial Attorney, 2 Office of Immigration Litigation, 3 United States Department of 4 Justice, Washington, DC. 5 UPON DUE CONSIDERATION of this petition for review of a 6 Board of Immigration Appeals (“BIA”) decision, it is hereby 7 ORDERED, ADJUDGED, AND DECREED that the petition for review 8 is DENIED. 9 Petitioner Yang Cai Wei, a native and citizen of the 10 People’s Republic of China, seeks review of a May 28, 2020, 11 decision of the BIA affirming a May 23, 2018, decision of an 12 Immigration Judge (“IJ”) denying his application for asylum, 13 withholding of removal, and relief under the Convention 14 Against Torture (“CAT”). In re Yang Cai Wei, No. A 205 809 15 340 (B.I.A. May 28, 2020), aff’g No. A 205 809 340 (Immig. Ct. 16 N.Y. City May 23, 2018). We assume the parties’ familiarity 17 with the underlying facts and procedural history. 18 We have reviewed the IJ’s decision as supplemented by 19 the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 20 Cir. 2005) (“Where the BIA adopts the decision of the IJ and 21 merely supplements the IJ’s decision, . . . we review the 22 decision of the IJ as supplemented by the BIA.”). The 23 applicable standards of review are well established. See 8 2 1 U.S.C. § 1252(b)(4)(B) (“the administrative findings of fact 2 are conclusive unless any reasonable adjudicator would be 3 compelled to conclude to the contrary”); Wei Sun v. Sessions, 4 883 F.3d 23, 27 (2d Cir. 2018) (reviewing factual findings 5 for substantial evidence and questions of …

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