19-641 Moreno-Velasquez v. Garland BIA Christensen, IJ A206 711 341 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 May, two thousand twenty-one. PRESENT: ROSEMARY S. POOLER, REENA RAGGI, RICHARD C. WESLEY, Circuit Judges. _____________________________________ MARICELA DEL CARMEN MORENO- VELASQUEZ, Petitioner, v. 19-641 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL,* Respondent. _____________________________________ FOR PETITIONER: Bruno Joseph Bembi, Hempstead, NY. * Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Merrick B. Garland is automatically substituted as Respondent. FOR RESPONDENT: Ethan P. Davis, Acting Assistant Attorney General; Song Park, Acting Assistant Director; Madeline Henley, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that this petition for review of a decision of the Board of Immigration Appeals (“BIA”) is DENIED. Petitioner Maricela Del Carmen Moreno-Velasquez, a native and citizen of El Salvador, seeks review of a February 14, 2019, decision of the BIA affirming a November 28, 2017, decision of an Immigration Judge (“IJ”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Maricela Del Carmen Moreno- Velasquez, No. A206 711 341 (B.I.A. Feb. 14, 2019), aff’g No. A206 711 341 (Immig. Ct. N.Y. City Nov. 28, 2017). We assume the parties’ familiarity with the underlying facts and procedural history. Under the circumstances of this case, we have reviewed both the IJ’s and BIA’s decisions “for the sake of completeness.” Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018) (reviewing 2 adverse credibility determination for substantial evidence). Moreno-Velasquez applied for asylum, withholding of removal, and CAT protection, and she listed her daughter as a derivative beneficiary. Moreno-Velasquez alleged that a gang member named Chele threatened to harm her daughter. Chele was a rival of now-deceased Selvin Flores, Moreno-Velasquez’s former partner and father of her daughter. At a 2016 hearing, Moreno-Velasquez and her daughter conceded removability, and her daughter proceeded to file an application for Special Immigrant Juvenile status. At a 2017 hearing, the IJ denied Moreno-Velasquez relief from removal on credibility grounds, among others, …
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