18-3818 Tapia-Pedroza v. Wilkinson BIA Hochul, IJ A208 617 541 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. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 29th day of January, two thousand twenty-one. 5 6 PRESENT: 7 JOSÉ A. CABRANES, 8 ROBERT D. SACK, 9 WILLIAM J. NARDINI, 10 Circuit Judges. 11 _____________________________________ 12 13 JOSE ANTONIO TAPIA-PEDROZA, 14 Petitioner, 15 16 v. 18-3818 17 NAC 18 MONTY WILKINSON, ACTING UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 1 21 _____________________________________ 22 23 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. 1 FOR PETITIONER: Jose Perez, Esq., Law Offices of 2 Jose Perez, P.C., Syracuse, NY. 3 4 FOR RESPONDENT: Jeffrey Bossert Clark, Acting 5 Assistant Attorney General; 6 Anthony C. Payne , Assistant 7 Director; Colette J. Winston, 8 Trial Attorney, Office of 9 Immigration Litigation, United 10 States Department of Justice, 11 Washington, DC. 12 UPON DUE CONSIDERATION of this petition for review of a 13 Board of Immigration Appeals (“BIA”) decision, it is hereby 14 ORDERED, ADJUDGED, AND DECREED that the petition for review 15 is DENIED. 16 Petitioner Jose Antonio Tapia-Pedroza, a native and 17 citizen of Mexico, seeks review of a November 29, 2018, 18 decision of the BIA affirming a November 22, 2017, decision 19 of an Immigration Judge (“IJ”) denying asylum, withholding of 20 removal, and protection under the Convention Against Torture 21 (“CAT”). In re Jose Antonio Tapia-Pedroza, No. A 208 617 541 22 (B.I.A. Nov. 29, 2018), aff’g No. A 208 617 541 (Immig. Ct. 23 Buffalo Nov. 22, 2017). We assume the parties’ familiarity 24 with the underlying facts and procedural history. 25 We have reviewed the decision of the IJ as supplemented 26 and modified by the BIA, i.e. minus the IJ’s analysis of 2 1 whether Tapia-Pedroza’s proposed social group is cognizable. 2 See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 3 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 4 Cir. 2005). The applicable standards of review are well 5 established. See 8 U.S.C. § 1252(b)(4)(B); Paloka v. Holder, 6 762 F.3d 191, 195 (2d Cir. 2014) (reviewing factual ...
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