18-2588-ag Omorodion 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 3 City of New York, on the 29th day of November, two thousand twenty-two. 4 5 PRESENT: RAYMOND J. LOHIER, JR., 6 SUSAN L. CARNEY, 7 ALISON J. NATHAN, 8 Circuit Judges. 9 ------------------------------------------------------------------ 10 NEKPEN NIL OMORODION, AKA NEKREN 11 OMORODION, 12 13 Petitioner, 14 15 v. 18-2588-ag 16 17 MERRICK B. GARLAND, UNITED STATES 18 ATTORNEY GENERAL, 19 20 Respondent. 21 ------------------------------------------------------------------ 22 1 FOR PETITIONER: THOMAS E. MOSELEY, Law 2 Offices of Thomas E. Moseley, 3 Newark, NJ 4 5 FOR RESPONDENT: ROBERT PAUL COLEMAN, III, 6 Trial Attorney, James A. 7 Hurley, Attorney, Office of 8 Immigration Litigation, Civil 9 Division, United States 10 Department of Justice, 11 Washington, DC 12 13 UPON DUE CONSIDERATION of this petition for review of a Board of 14 Immigration Appeals (“BIA”) decision, IT IS HEREBY ORDERED, ADJUDGED, 15 AND DECREED that the petition for review is GRANTED and the case is 16 REMANDED for additional proceedings consistent with this order. 17 Petitioner Nekpen Nil Omorodion, a native and citizen of Nigeria, seeks 18 review of a July 30, 2018 decision of the BIA vacating a February 12, 2018 19 decision of an Immigration Judge (“IJ”) granting deferral of removal under the 20 Convention Against Torture (“CAT”). We assume the parties’ familiarity with 21 the underlying facts and the record of prior proceedings, to which we refer only 22 as necessary to explain our decision to grant the petition. 23 In 2014 Omorodion, a permanent resident of the United States, was 24 convicted in the Middle District of Pennsylvania of conspiracy to commit wire 2 1 fraud in violation of 18 U.S.C. §§ 1349 and 1343. Omorodion had been complicit 2 in a scheme that used Moneygram and Western Union computer systems to 3 process and transmit money received in fraudulent telemarketing to accomplices 4 across the world. Omorodion testified as a government witness against one of 5 her co-defendants, Itohan Agho-Allen. Agho-Allen was convicted and 6 sentenced to 180 months in prison and ordered to pay restitution in the amount 7 of $2,371,668. Omorodion pleaded guilty to the conspiracy charge and was 8 sentenced principally to a term of 30 months’ imprisonment after the 9 Government successfully …
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