18-657 Castro-Perez v. Wilkinson BIA Wright, IJ A 205 642 201 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 25th day of January, two thousand twenty-one. PRESENT: JOHN M. WALKER, JR., ROBERT A. KATZMANN, MICHAEL H. PARK, Circuit Judges. _____________________________________ FRANCIS ELIZABETH CASTRO-PEREZ, Petitioner, v. No. 18-657 MONTY WILKINSON, Acting United States Attorney General, Respondent. 1 _____________________________________ For Petitioner: REBECCA R. PRESS, Central American Legal Assistance, Brooklyn, NY. For Respondent: SARAH K. PERGOLIZZI, Trial Attorney, Office of Immigration Litigation (Holly M. Smith, Senior Litigation Counsel, Office of Immigration 1 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Monty Wilkinson is automatically substituted for former Acting Attorney General Jeffrey A. Rosen as Respondent. Litigation, on the brief), for Jeffrey Bossert Clark, Acting Assistant Attorney General, U.S. Department of Justice, Washington, DC. For Amicus Curiae Harvard Immigration and Refugee Clinical Program: L. Rachel Lerman, Barnes & Thornburg LLP, Los Angeles, CA; Todd G. Vare, Barnes & Thornburg LLP, Indianapolis, IN. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED. Petitioner Francis Elizabeth Castro-Perez, a native and citizen of Honduras, seeks review of a decision of the BIA affirming a decision of an Immigration Judge (“IJ”) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). See In re Francis Elizabeth Castro-Perez, No. A 205 642 201 (B.I.A. Feb. 14, 2018), aff’g No. A 205 642 201 (Immig. Ct. N.Y. City Feb. 24, 2017). We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal. Under the circumstances of this case, we review the IJ’s decision as modified by the BIA, i.e., minus the denial of asylum as untimely that the BIA did not reach. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). “To establish eligibility for asylum [and withholding of removal], an applicant must show that . . . she is a refugee who has suffered past persecution on ...
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