Gay v. Sessions

16-3120 Gay v. Sessions BIA Laforest, IJ A079 722 477 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 2 the Second Circuit, held at the Thurgood Marshall United States 3 Courthouse, 40 Foley Square, in the City of New York, on the 4 20th day of December, two thousand seventeen. 5 6 PRESENT: 7 DENNIS JACOBS, 8 PETER W. HALL, 9 GERARD E. LYNCH, 10 Circuit Judges. 11 _____________________________________ 12 13 PATRICK J. GAY, AKA JEAN PATRICK 14 GAY, AKA J. PATRICK GAY, 15 Petitioner, 16 17 v. 16-3120 18 NAC 19 JEFFERSON B. SESSIONS III, 20 UNITED STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Nicholas J. Mundy, Brooklyn, NY. 25 26 FOR RESPONDENT: Chad A. Readler, Acting Assistant 27 Attorney General; Linda S. Wernery, 28 Assistant Director; Steven K. Uejio, 29 Trial Attorney, Office of 30 Immigration Litigation, United 31 States Department of Justice, 32 Washington, DC. 1 UPON DUE CONSIDERATION of this petition for review of a 2 Board of Immigration Appeals (“BIA”) decision, it is hereby 3 ORDERED, ADJUDGED, AND DECREED that the petition for review is 4 DENIED. 5 Petitioner Patrick J. Gay, a native and citizen of Haiti, 6 seeks review of a September 1, 2016, decision of the BIA 7 affirming an April 21, 2016, decision of an Immigration Judge 8 (“IJ”) denying Gay’s applications for asylum, withholding of 9 removal, relief under the Convention Against Torture (“CAT”) 10 and a waiver of inadmissibility. In re Patrick J. Gay, No. A079 11 722 477 (B.I.A. Sep. 1, 2016), aff’g No. A079 722 477 (Immig. 12 Ct. N.Y. City Apr. 21, 2016). We assume the parties’ 13 familiarity with the underlying facts and procedural history 14 in this case. 15 Under the circumstances of this case, we have reviewed both 16 the IJ’s and BIA’s opinions “for the sake of completeness.” 17 Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 18 2006). Gay was ordered removed on account of an aggravated 19 felony conviction, and does not challenge his removability on 20 that basis. Accordingly, our review is limited to 21 constitutional claims and questions of law. 8 U.S.C. 2 1 §§ 1252(a)(2)(C), (D); Ortiz-Franco v. Holder, 782 F.3d 81, 90– 2 91 (2d Cir. 2015). We address Gay’s arguments in turn. 3 I. Waiver and Adjustment of Status 4 Gay applied to ...

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