19-3956(L) Darboe v. Garland BIA McCarthy, IJ A201 119 754 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 26th day of July, two thousand twenty- three. PRESENT: DENNY CHIN, SUSAN L. CARNEY, BETH ROBINSON, Circuit Judges. _____________________________________ OUSMAN DARBOE, Petitioner, v. No. 19-3956(L), No. 20-2427(Con) MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: NATHAN YAFFE, Law Office of Matthew Bray, New York, NY, (Suchita Mathur, Zoe P. Levine, Sophia E. Gurulé, and Ryan Brewer, The Bronx Defenders, Bronx, NY; Alina Das, Washington Square Legal Services, NYU Immigrant Rights Clinic, New York, NY, on the brief). FOR RESPONDENT: KEITH I. MCMANUS, Assistant Director, (David M. McConnell, Director, Appellate Section, and Claire L. Workman, Senior Litigation Counsel, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, DC. FOR AMICUS CURIAE: Alan E. Schoenfeld, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for the Governor of New York. Darius Charney, Baher Azmy, New York, NY, for the Center for Constitutional Rights; M. Chris Fabricant, New York, NY, for THE INNOCENCE PROJECT, INC. Sean Hecker, Raymond P. Tolentino, Mahrah M. Taufique, Kaplan Hecker & Fink LLP, New York, NY for Movement for Family Power. UPON DUE CONSIDERATION of these petitions for review of Board of Immigration Appeals (“BIA”) decisions, it is hereby ORDERED, ADJUDGED, AND DECREED that the petitions for review are DENIED. Petitioner, Ousman Darboe, a native and citizen of The Gambia, seeks review of two BIA decisions: (1) a November 2019 decision adopting and affirming a May 2019 decision of an Immigration Judge (“IJ”) denying his applications for 2 adjustment of status pursuant to section 245(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255(a), and for a waiver of inadmissibility under section 212(h) of the INA, 8 U.S.C. § 1182(h); and (2) a July 16, 2020, decision of the BIA denying his motion to reopen proceedings. In re Ousman Darboe, No. A201 119 754 (B.I.A. Nov. 14, 2019), aff’g No. A201 119 754 (Immig. Ct. N.Y. City May 9, 2019); In re Ousman Darboe, No. A201 119 754 (B.I.A. July 16, 2020). We assume the parties’ familiarity with the underlying facts and procedural history. Under the circumstances, we have reviewed both the IJ’s and the BIA’s …
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