19-2862 Argueta Anariba v. Garland BIA Mulligan, IJ A094 825 836 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 18th day of February, two thousand twenty-two. PRESENT: ROBERT D. SACK, JOSEPH F. BIANCO, Circuit Judges. STEFAN R. UNDERHILL 1, District Judge. _____________________________________ ANGEL AGUSTIN ARGUETA ANARIBA, A.K.A. ANGEL ANARIBA, Petitioner, v. 19-2862 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ 1Chief Judge Stefan R. Underhill, United States District Court for the District of Connecticut, sitting by designation. FOR PETITIONER: MICHAEL RAYFIELD, Mayer Brown LLP, New York, NY; ANNIE MATHEWS (Elyssa N. Williams, on the brief), The Bronx Defenders, Bronx, NY. FOR RESPONDENT: BROOKE MARIE MAURER, Trial Attorney, Office of Immigration Litigation (Jeffrey Bossert Clark, Acting Assistant Attorney General, Civil Division; Justin R. Markel, Senior Litigation Counsel, on the brief), United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA” or “agency”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED and the case is REMANDED to the BIA for further proceedings consistent with this Order. Petitioner Angel Agustin Argueta Anariba, a native and citizen of Honduras, seeks review of an August 23, 2019 decision of the BIA affirming a March 18, 2019 decision of an Immigration Judge (“IJ”), which denied asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). In re Angel Agustin Argueta Anariba, No. A 094 825 836 (B.I.A. Aug. 23, 2019), aff’g No. A 094 825 836 (Immigr. Ct. N.Y.C. Mar. 18, 2019). We assume the parties’ familiarity with the underlying facts and procedural history. 2 We have reviewed the IJ’s decision as modified and supplemented by the BIA. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review factual findings for substantial evidence and questions of law de novo. See Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). We grant the petition for review. We remand the case to the BIA for further proceedings consistent with this Order. I. CAT Relief We remand for reconsideration of the denial of CAT relief because the IJ mischaracterized Argueta’s …
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