Caesar v. Sessions

16‐1317‐ag Caesar v. Sessions BIA Videla, IJ A038 620 202 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 for the Second 2 Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley 3 Square, in the City of New York, on the 12th day of October, two thousand 4 seventeen. 5 6 PRESENT: RAYMOND J. LOHIER, JR., 7 CHRISTOPHER F. DRONEY, 8 Circuit Judges, 9 JED S. RAKOFF, 10 District Judge.* 11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 12 LINDEN FORBES CAESAR, AKA Linden Walker, 13 14 Petitioner, 15 16 v. No. 16‐1317‐ag 17 18 JEFFERSON B. SESSIONS III, UNITED STATES 19 ATTORNEY GENERAL, 20 21 Respondent. * Judge Jed S. Rakoff, of the United States District Court for the Southern District of New York, sitting by designation. 1 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2 3 FOR PETITIONER: S. Michael Musa‐Obregon, White 4 Plains, NY. 5 6 FOR RESPONDENT: REGINA BYRD, Office of Immigration 7 Litigation (Benjamin C. Mizer, 8 Principal Deputy Assistant Attorney 9 General; Papu Sandhu, Acting 10 Assistant Director, on the brief), 11 United States Department of Justice, 12 Washington, DC. 13 14 UPON DUE CONSIDERATION of this petition for review of a Board of 15 Immigration Appeals (“BIA”) decision, IT IS HEREBY ORDERED, ADJUDGED, 16 AND DECREED that the petition for review is DISMISSED. 17 Linden Forbes Caesar, a native and citizen of Guyana, seeks review of a 18 March 29, 2016 decision of the BIA, affirming an October 14, 2015 decision of an 19 Immigration Judge (“IJ”) ordering Caesar’s removal to Guyana and denying his 20 application for deferral of removal under the Convention Against Torture 21 (“CAT”). In re Linden Forbes Caesar, No. A038 620 202 (B.I.A. Mar. 29, 2016), 22 aff’g No. A038 620 202 (Immig. Ct. N.Y. City Oct. 14, 2015). We assume the 23 parties’ familiarity with the underlying facts and procedural history in this case, 24 to which we refer only as necessary to explain our decision to dismiss the 25 petition. 2 1 Our jurisdiction to review a final order of removal of an “alien” who has 2 been ordered removed on the basis of controlled substance convictions is limited 3 to constitutional claims and questions of law. 8 U.S.C. § 1252(a)(2)(C), (D); Ortiz‐ 4 Franco v. Holder, 782 F.3d 81, 86 (2d Cir. 2015). 5 Caesar argues that he met his burden for deferral of removal under the 6 CAT because he credibly ...

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