19-716 Cuellar Rivas v. Garland BIA Straus, IJ A043 280 942 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 4th day of January, two thousand twenty-two. PRESENT: SUSAN L. CARNEY, JOSEPH F. BIANCO, Circuit Judges. * _____________________________________ MIGUEL ANGEL CUELLAR RIVAS, AKA MIGUEL ANGEL RIVAS, Petitioner, v. 19-716 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Jon E. Jessen, Law Offices Jon E. Jessen, LLC, Stamford, CT. * Judge Robert A. Katzmann, who was a member of the original panel in this case, died before the panel issued a decision. Pursuant to Second Circuit Internal Operating Procedure E(b), the matter is being decided by the two remaining members of the panel. FOR RESPONDENT: Brian M. Boynton, Acting Assistant Attorney General; Anthony P. Nicastro, Assistant Director; Dana M. Camilleri, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Miguel Angel Cuellar Rivas, a native and citizen of Guatemala, seeks review of February 27, 2019 and March 31, 2017 decisions of the BIA ordering his removal and affirming a June 2, 2016 decision of an Immigration Judge (“IJ”) denying deferral of removal under the Convention Against Torture (“CAT”). In re Miguel Angel Cuellar Rivas, No. A 043 280 942 (B.I.A. Feb. 27, 2019, Mar. 31, 2017), aff’g No. A 043 280 942 (Immig. Ct. Hartford June 2, 2016). We assume the parties’ familiarity with the underlying facts and procedural history. We find no error in the BIA’s conclusion that Cuellar Rivas is removable for an aggravated felony and that he failed to show that he would more likely than not be tortured in Guatemala based on events that occurred in the late 1980s. As to removability, we have reviewed the BIA’s decision that Cuellar Rivas’s conviction is a crime of violence as defined in 18 U.S.C. § 16(a). See Belortaja v. Gonzales, 484 F.3d 619, 623 (2d Cir. 2007). Whether a conviction is an aggravated felony is a question of law that we review de novo. See 8 U.S.C. § 1252(a)(2)(C), (D); Pierre v. Holder, 588 F.3d 767, …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals