19-3743 Guzman-Mira v. Garland BIA Poczter, IJ A208 985 359 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 27th day of May, two thousand twenty-two. 5 6 PRESENT: 7 JON O. NEWMAN, 8 REENA RAGGI, 9 WILLIAM J. NARDINI, 10 Circuit Judges. 11 _____________________________________ 12 13 RAUL ALEJANDRO GUZMAN-MIRA, 14 Petitioner, 15 16 v. 19-3743 17 NAC 18 MERRICK B. GARLAND, UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Anne Pilsbury, Esq., Brooklyn, 24 NY. 25 26 FOR RESPONDENT: Ethan P. Davis, Acting Assistant 27 Attorney General; Jennifer P. 28 Levings, Senior Litigation 1 Counsel; Jennifer R. Khouri, Trial 2 Attorney, Office of Immigration 3 Litigation, United States 4 Department of Justice, Washington, 5 DC. 6 UPON DUE CONSIDERATION of this petition for review of a 7 Board of Immigration Appeals (“BIA”) decision, it is hereby 8 ORDERED, ADJUDGED, AND DECREED that the petition for review 9 is DENIED. 10 Petitioner Raul Alejandro Guzman-Mira, a native and 11 citizen of El Salvador, seeks review of an October 30, 2019, 12 decision of the BIA affirming a February 15, 2018, decision 13 of an Immigration Judge (“IJ”), denying his application for 14 asylum, withholding of removal, and relief under the 15 Convention Against Torture (“CAT”). In re Raul Alejandro 16 Guzman-Mira, No. A208 985 359 (B.I.A. Oct. 30, 2019), aff’g 17 No. A208 985 359 (Immig. Ct. N.Y. City Feb. 15, 2018). 18 Guzman-Mira testified that gang members threatened and 19 extorted him after he witnessed them murder his neighbor, and 20 then beat him with an aluminum bat assuming he had cooperated 21 with police. We assume the parties’ familiarity with the 22 underlying facts and procedural history. 23 We have reviewed both the IJ’s and BIA’s decisions. See 24 Ming Xia Chen v. BIA, 435 F.3d 141, 144 (2d Cir. 2006). We 2 1 review factual findings for substantial evidence and 2 questions of law de novo. See 8 U.S.C. § 1252(b)(4)(B); 3 Paloka v. Holder, 762 F.3d 191, 195 (2d Cir. 2014). 4 I. Asylum and Withholding of Removal 5 We deny the petition as to asylum and withholding of 6 removal, finding no error in the agency’s conclusion that 7 Guzman-Mira failed to establish …
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