Golding v. Garland


18-772 (L), 20-3670 (Con) Golding v. Garland BIA Kolbe, IJ A206 552 755 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 17th day of March, two thousand twenty-one. 5 6 PRESENT: 7 DENNY CHIN, 8 RICHARD J. SULLIVAN, 9 WILLIAM J. NARDINI, 10 Circuit Judges. 11 _____________________________________ 12 13 KARIM TAHIR GOLDING, AKA KARIM 14 GOLDING, 15 Petitioner, 16 17 v. 18-772 (L), 18 20-3670 (Con) 19 NAC 20 MERRICK B. GARLAND, UNITED 21 STATES ATTORNEY GENERAL, 22 Respondent. 1 23 _____________________________________ 24 1 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Merrick B. Garland is automatically substituted as Respondent. 1 FOR PETITIONER in 18-772: Vilia B. Hayes, Dustin P. Smith, 2 Emma Baratta, Hughes Hubbard & 3 Reed LLP, New York, NY. 4 5 FOR PETITIONER in 20-3670: Karim Tahir Golding, pro se, 6 Gadsden, AL. 7 8 FOR RESPONDENT: Kohsei Ugumori , Senior 9 Litigation Counsel; Sarah K. 10 Pergolizzi, Trial Attorney, 11 Office of Immigration 12 Litigation, Civil Division, 13 United States Department of 14 Justice, Washington, DC. 15 UPON DUE CONSIDERATION of these petitions for review of 16 Board of Immigration Appeals (“BIA”) decisions, it is 17 hereby ORDERED, ADJUDGED, AND DECREED that the lead 18 petition for review (No. 18-772) is GRANTED, and the 19 consolidated petition for review (No. 20-3670) is 20 DISMISSED. 21 Petitioner Karim Tahir Golding, a native and citizen of 22 Jamaica, seeks review of two BIA decisions: a March 5, 2018 23 BIA decision affirming a September 15, 2017, decision of an 24 Immigration Judge (“IJ”) denying protection under the 25 Convention Against Torture (“CAT”), and an October 1, 2020 26 BIA decision denying his motions to reopen. In re Karim 27 Tahir Golding, No. A 206 552 755 (B.I.A. Mar. 5, 2018), 28 aff’g No. A 206 552 755 (Immig. Ct. New York City Sept. 15, 2 1 2017); In re Karim Tahir Golding, No. A 206 552 755 (B.I.A. 2 Oct. 1, 2020). We assume the parties’ familiarity with the 3 underlying facts and procedural history. 4 As an initial matter, we grant the Government’s motion 5 to consolidate. See 8 U.S.C. § 1252(b)(6). 6 I. Denial of CAT Deferral (No. 18-772) 7 We review both the …

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