Ascencio-Contreras v. Rosen


17-4038-ag Ascencio-Contreras v. Rosen 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 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 12th day of January, two thousand twenty-one. PRESENT: ROBERT D. SACK, DENNY CHIN, RAYMOND J. LOHIER, JR., Circuit Judges. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x WILLIAN ASCENCIO-CONTRERAS, AKA WILLIAM A. ASCENIO, AKA WILLIAM CONTRERAS, AKA WILLIAM A. ASCENCIO CONTRERAS, Petitioner, -v- 17-4038-ag JEFFREY A. ROSEN, ACTING UNITED STATES ATTORNEY GENERAL, Respondent. 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x 1 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Jeffrey A. Rosen is substituted for former Attorney General William P. Barr. FOR PETITIONER: Bruno Joseph Bembi, Law Office of Bruno Joseph Bembi, Hempstead, NY. FOR RESPONDENT: Jeffrey Bossert Clark, Acting Assistant Attorney General, Civil Division; Claire L. Workman, Senior Litigation Counsel, Office of Immigration Litigation; Rachel L. Browning, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C. UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, and DECREED that the petition for review is DENIED. Petitioner Willian Ascencio-Contreras, a native and citizen of El Salvador, seeks review of a November 22, 2017, decision of the Board of Immigration Appeals ("BIA") affirming a March 8, 2017, decision of an Immigration Judge ("IJ"). The IJ ordered Ascencio-Contreras removed for a crime involving moral turpitude ("CIMT") and denied both a waiver of inadmissibility under 8 U.S.C. § 1182(h) and his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). In re Willian Ascencio-Contreras, No. A 058 893 353 (B.I.A. Nov. 22, 2017), aff'g No. A 058 893 353 (Immig. Ct. N.Y. City Mar. 8, 2017). We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. Under these circumstances, we review the IJ’s decision ...

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