20-2222-ag Gutierrez Perez v. Garland 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. 1 At a stated term of the United States Court of Appeals for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the 3 City of New York, on the 9th day of November, two thousand twenty-two. 4 5 PRESENT: ROSEMARY S. POOLER, 6 RAYMOND J. LOHIER, JR., 7 ALISON J. NATHAN, 8 Circuit Judges. 9 ------------------------------------------------------------------ 10 RAMON ALBERTO GUTIERREZ PEREZ, AKA 11 RAMON GUTIERREZ, AKA RAMON A. 12 GUTIERREZ, AKA RAMO GETURREZ, 13 14 Petitioner, 15 16 v. No. 20-2222-ag 17 18 MERRICK B. GARLAND, UNITED STATES 19 ATTORNEY GENERAL, 20 1 Respondent. 2 ------------------------------------------------------------------ 3 4 FOR PETITIONER: Tadhg Dooley, Wiggin and 5 Dana LLP, New Haven, CT, 6 and Joshua Altman, Samantha 7 Bensinger, Akanksha Shaw, 8 Law Students, Yale Law 9 School Advanced Appellate 10 Litigation Project, New Haven, 11 CT 12 13 FOR RESPONDENT: Karen L. Melnik, Jonathan 14 Aaron Robbins, Trial 15 Attorneys, Erica B. Miles, 16 Acting Assistant Director, 17 Office of Immigration 18 Litigation, for Brian M. 19 Boynton, Principal Deputy 20 Assistant Attorney General, 21 Civil Division, United States 22 Department of Justice, 23 Washington, DC 24 25 UPON DUE CONSIDERATION of this petition for review of a Board of 26 Immigration Appeals (“BIA”) decision, IT IS HEREBY ORDERED, ADJUDGED, 27 AND DECREED that the petition for review is DENIED. 28 Petitioner Ramon Alberto Gutierrez Perez, a native and citizen of the 29 Dominican Republic, seeks review of a July 2, 2020 decision of the BIA 30 dismissing his appeal of a January 30, 2020 decision of an Immigration Judge 2 1 (“IJ”) ordering him removed. We assume the parties’ familiarity with the 2 underlying facts and the record of prior proceedings, to which we refer only as 3 necessary to explain our decision to deny the petition. 4 Gutierrez Perez, a permanent resident of the United States, was convicted 5 in New York of the following: third-degree attempted possession of a controlled 6 substance in 1988, and first-degree criminal possession and sale of a controlled 7 substance in 2002. In 2002, during the trial for the second conviction, he fled the 8 United States and returned to the Dominican Republic. He was sentenced in 9 absentia to a term of at least twenty-two years to life imprisonment. Seven 10 years later, in June 2009, Gutierrez Perez was extradited from …
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