Ulanov v. Garland


18-928 Ulanov v. Garland BIA Thompson, IJ A209 012 787 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 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 26th day of May, two thousand twenty-one. 5 6 PRESENT: 7 JOHN M. WALKER, JR., 8 DENNIS JACOBS, 9 DENNY CHIN, 10 Circuit Judges. 11 _____________________________________ 12 13 JENNIFER DECOTEAU ULANOV, 14 Petitioner, 15 16 v. 18-928 17 NAC 18 MERRICK B. GARLAND, UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Gary J. Yerman, Esq., New York, 24 NY. 25 26 FOR RESPONDENT: Brian M. Boynton, Assistant 27 Attorney General; Shelley R. Goad, 28 Assistant Director; Lisa 1 Morinelli, Trial Attorney, Office 2 of Immigration Litigation, United 3 States Department of Justice, 4 Washington, DC. 5 UPON DUE CONSIDERATION of this petition for review of a 6 Board of Immigration Appeals (“BIA”) decision, it is hereby 7 ORDERED, ADJUDGED, AND DECREED that the petition for review 8 is DENIED. 9 Petitioner Jennifer Decoteau Ulanov, a native and citizen 10 of Trinidad and Tobago, seeks review of a March 22, 2018, 11 decision of the BIA affirming an October 26, 2017, decision 12 of an Immigration Judge (“IJ”) denying Ulanov’s application 13 for asylum, withholding of removal, and relief under the 14 Convention Against Torture (“CAT”). In re Jennifer Decoteau 15 Ulanov, No. A 209 012 787 (B.I.A. Mar. 22, 2018), aff’g No. A 16 209 012 787 (Immig. Ct. N.Y. City Oct. 26, 2017). We assume 17 the parties’ familiarity with the underlying facts and 18 procedural history. 19 We review the IJ’s decision as supplemented by the BIA. 20 See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). 21 We review factual findings for substantial evidence and 22 questions of law de novo. See Wei Sun v. Sessions, 883 F.3d 23 23, 27 (2d Cir. 2018). 2 1 We find no error in the agency’s conclusion that Ulanov 2 is ineligible for asylum and withholding of removal. 3 Particularly serious crimes bar asylum and withholding of 4 removal. 8 U.S.C. §§ 1158(b)(2)(A)(ii), 1231(b)(3)(B)(ii). 5 Where, as here, an applicant’s conviction is not per se 6 particularly serious, the agency considers “(1) the nature of 7 the conviction, (2) the circumstances and underlying facts of …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals