17‐3421‐ag Flores v. Barr BIA Buchanan, IJ A095 051 190 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 COURTʹS 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 ʺSUMMARY ORDERʺ). 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 29th day of October, two thousand nineteen. PRESENT: JON O. NEWMAN, DENNY CHIN, JOSEPH F. BIANCO, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x EDSON FLORES, Petitioner, ‐v‐ 17‐3421‐ag WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER: EDMUND HIRSCHFELD (Daniel A. Rubens, Andrew D. Silverman, on the brief), Orrick, Herrington & Sutcliffe LLP, New York, NY. FOR RESPONDENT: REBEKAH NAHAS, Trial Attorney (Derek C. Julius, Assistant Director; Margaret Kuehne Taylor, Senior Litigation Counsel, on the brief), for Joseph H. Hunt, Assistant Attorney General, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (ʺBIAʺ) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED, the BIAʹs decision is VACATED, and the case is REMANDED. Petitioner Edson Flores, a native and citizen of Honduras, seeks review of an October 17, 2017, decision of the BIA affirming a March 22, 2017 decision of an Immigration Judge (ʺIJʺ) denying his application for cancellation of removal. In re Edson Flores, No. A095 051 190 (B.I.A. Oct. 17, 2017), affʹg No. A095 051 190 (Immig. Ct. N.Y. City Mar. 22, 2017). We review the IJʹs decision as modified and supplemented by the BIA. Gertsenshteyn v. U.S. Depʹt of Justice, 544 F.3d 137, 142 (2d Cir. 2008). We assume the partiesʹ familiarity with the underlying facts and procedural history in this case, which we reference only as necessary to explain our decision to grant the petition and remand for the BIA to have the opportunity to address in a precedential decision whether a 2 conviction for first‐degree sexual abuse under New York Penal Law (ʺNYPLʺ) § 130.65(3) ...
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