19-3817 Rubio Rubio v. Wilkinson BIA Farber, IJ A094 226 532 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 17th day of February, two thousand twenty-one. PRESENT: DENNIS JACOBS, RICHARD J. SULLIVAN, Circuit Judges, GARY R. BROWN, * District Judge. _____________________________________ CARLOS NAHUM RUBIO RUBIO, AKA CARLOS RUBIO, AKA CARLOS TURCIO, Petitioner, v. 19-3817 ROBERT M. WILKINSON, ACTING * Judge Gary R. Brown, of the United States District Court for the Eastern District of New York, sitting by designation. UNITED STATES ATTORNEY GENERAL, Respondent. † _____________________________________ FOR PETITIONER: MIRNA CARDONA, Wells Fargo Legal Department, New York, NY (David J. de Jesus, Jason M. Brown, Reed Smith LLP, San Francisco, CA; Janet E. Sabel, Attorney-in- Chief, Adriene Holder, Attorney-in-Charge, Civil, Hasan Shafiqullah, Attorney-in-Charge, ILU, Julia Dona, Of Counsel, Supervising Attorney, Elizabeth Rieser-Murphy, Of Counsel, Legal Aid Society, New York, NY, on the brief). FOR RESPONDENT: ALLISON FRAYER, Office of Immigration Litigation (M. Jocelyn Lopez Wright, Senior Litigation Counsel; Lori B. Warlick, Trial Attorney, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC. 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 DENIED. Petitioner Carlos Nahum Rubio Rubio, a native and citizen of El Salvador, seeks review of an October 30, 2019 decision of the BIA affirming a May 8, 2019 † Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Robert M. Wilkinson is automatically substituted for former Assistant Attorney General Jeffrey A. Rosen. 2 decision of an Immigration Judge (“IJ”) denying Rubio’s application for withholding of removal and relief under the Convention Against Torture (“CAT”). In re Carlos Nahum Rubio Rubio, No. A 094 226 532 (B.I.A. Oct. 30, 2019), aff’g No. A 094 226 532 (Immigr. Ct. N.Y.C. May 8, 2019). We assume the parties’ familiarity with the underlying facts and procedural history. We have reviewed the IJ’s decision as modified and supplemented by the BIA. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review the agency’s findings of fact for substantial evidence. See Edimo-Doualla v. Gonzales, 464 F.3d 276, ...
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