17-87 Edwards v. Sessions 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. 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 24th of August, two thousand eighteen. PRESENT: JOSÉ A. CABRANES, ROSEMARY S. POOLER, Circuit Judges, J. PAUL OETKEN, Judge. ∗ NORMAN EDWARDS, AKA GLEN PETERSON, Petitioner, 17-87 v. JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. FOR PETITIONER: Ghatul Abdul Qayum, Mary K. Bessemer, Seton Hall University School of Law Center for Social Justice, Newark, NJ. (Jon Romberg, of counsel). ∗ Judge J. Paul Oetken, of the United States District Court for the Southern District of New York, sitting by designation. 1 FOR RESPONDENT: Andrew N. O’Malley (Cindy S. Ferrier, Assistant Director), Senior Litigation Counsel, for Chad A. Readler, Acting Assistant Attorney General, United States Department of Justice, Washington, DC Petition for review of an order of the Board of Immigration Appeals. UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED, and this matter REMANDED to the BIA for further proceedings not inconsistent with this order. Petitioner Norman Edwards (“Edwards”), a native and citizen of Jamaica, seeks review of a December 22, 2016 decision of the Board of Immigration Appeals (“BIA”) affirming the February 11, 2016 decision of an Immigration Judge (“IJ”) denying Edwards’ motion to terminate his removal proceedings and his application for adjustment of status. In re Norman Edwards, No. A074 782 871 (B.I.A. Dec. 22, 2016), aff’g No. A074 782 871 (Immig. Ct. Buffalo Feb. 11, 2016). We assume the parties’ familiarity with the underlying facts and procedural history in this case. We have reviewed the IJ’s decision as modified by the BIA. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005). We review factual findings for substantial evidence and legal issues de novo. Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). Edwards is a Jamaican national and a lawful permanent resident (“LPR”). He first came to the United States in 1990 for seasonal agricultural work on an H2A visa. He has been in the United States permanently since 1995 and has been an LPR for nineteen years. He is married to a U.S. citizen, with whom he has 3 minor U.S. citizen children. During his presence in the United States, ...
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