19-3197 Galo Carrillo v. Garland BIA Schoppert, IJ A205 308 498 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 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 7th day of March, two thousand twenty-two. 5 6 PRESENT: 7 JOHN M. WALKER, JR., 8 REENA RAGGI, 9 SUSAN L. CARNEY, 10 Circuit Judges. 11 _____________________________________ 12 13 MELVIN NOE GALO CARRILLO, AKA 14 MARVIN NOE GALO CARRILLO, 15 Petitioner, 16 17 v. 19-3197 18 NAC 19 MERRICK B. GARLAND, UNITED 20 STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Michael W. Pottetti, Esq., Port 25 Jefferson, NY. 26 27 FOR RESPONDENT: Ethan P. Davis, Acting Assistant 28 Attorney General; Jessica E. 1 Burns, Senior Litigation Counsel; 2 Rosanne M. Perry, Trial Attorney, 3 Office of Immigration Litigation, 4 United States Department of 5 Justice, Washington, DC. 6 UPON DUE CONSIDERATION of this petition for review of a 7 Board of Immigration Appeals (“BIA”) decision, it is hereby 8 ORDERED, ADJUDGED, AND DECREED that the petition for review 9 is DENIED. 10 Petitioner Melvin Noe Galo Carrillo, a native and citizen 11 of Honduras, seeks review of a September 17, 2019, decision 12 of the BIA denying Galo Carrilo’s motion to remand and 13 affirming a February 9, 2018, decision of an Immigration Judge 14 (“IJ”) denying asylum, withholding of removal, and protection 15 under the Convention Against Torture (“CAT”). In re Melvin 16 Noe Galo Carrillo, No. A 205 308 498 (B.I.A. Sept. 17, 2019), 17 aff’g No. A 205 308 498 (Immig. Ct. N.Y. City Feb. 9, 2018). 18 We assume the parties’ familiarity with the underlying facts 19 and procedural history. 20 We have reviewed the IJ’s decision as supplemented by 21 the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 22 Cir. 2005). The applicable standards of review are well 23 established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. 24 Holder, 562 F.3d 510, 513 (2d Cir. 2009) (reviewing factual 2 1 findings for substantial evidence and questions of law de 2 novo); Li Yong Cao v. U.S. Dep’t of Just., 421 F.3d 149, 157 3 (2d Cir. 2005) (reviewing denial of motion to remand for abuse 4 of discretion). An applicant for asylum must establish 5 either past persecution …
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