17-3967 Cortes-Gomez v. Barr 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 ASUMMARY 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 3rd day of April, two thousand nineteen. PRESENT: JOSÉ A. CABRANES, CHRISTOPHER F. DRONEY, RICHARD J. SULLIVAN, Circuit Judges. _____________________________________ ANTONIO CORTES-GOMEZ, Petitioner, v. 17-3967 WILLIAM BARR, UNITED STATES ATTORNEY GENERAL, Respondent.* _____________________________________ FOR PETITIONER: Jorge Guttlein, Jorge Guttlein & Associates, P.C., New York, NY. * The Clerk of the Court is directed to amend the caption as shown above. 1 FOR RESPONDENT: Leslie McKay, Senior Litigation Counsel, Office of Immigration Litigation (Terri J. Scadron, Assistant Director, on the brief) for Chad A. Readler, Acting Assistant Attorney General, Civil Division, Washington D.C. UPON DUE CONSIDERATION of this petition for review, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition is granted, and the BIA’s order denying the motion to remand is VACATED. Petitioner Antonio Cortes-Gomez seeks review of a November 27, 2017 decision of the Board of Immigration Appeals (“BIA”) denying his motion for remand and dismissing his appeal of a June 21, 2017 decision of an Immigration Judge (“IJ”). In re Antonio Cortes- Gomez, No. A 208 909 864 (B.I.A. Nov. 27, 2017), aff’g No. A 208 909 864 (Immig. Ct. N.Y. City June 21, 2017). For the reasons explained below, we vacate the BIA’s decision as to Cortes-Gomez’s motion for remand and remand for further proceedings consistent with this order. Background Petitioner Antonio Cortes-Gomez is a Mexican native and citizen who entered the United States in 1995. Ten years later, Cortes-Gomez was the victim of a hate crime in Brooklyn, New York, which he helped solve by cooperating with the Kings County District Attorney’s Office. On February 3, 2017, Cortes-Gomez was arrested by Immigration and Customs Enforcement on suspicion that he was unlawfully present in the United States and was served with a Notice to Appear before an Immigration Judge. Cortes-Gomez first appeared before an IJ on April 10, 2017. Although he conceded removability before the IJ, he requested a continuance to pursue a U nonimmigrant visa.1 The IJ granted his request and continued proceedings for five weeks. At his second hearing, Cortes-Gomez again requested a continuance. He explained that obtaining records of his cooperation during the investigation of the 2005 crime proved difficult—the records were sealed because the 1 ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals