18-3730 Helena Moreira v. Wilkinson BIA Christensen, IJ A205 400 843 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 12th day of February, two thousand twenty- 5 one. 6 7 PRESENT: 8 ROSEMARY S. POOLER, 9 SUSAN L. CARNEY, 10 JOSEPH F. BIANCO, 11 Circuit Judges. 12 _____________________________________ 13 14 SALVADOR HELENA MOREIRA, 15 Petitioner, 16 17 v. 18-3730 18 NAC 19 ROBERT M. WILKINSON, ACTING 20 UNITED STATES ATTORNEY GENERAL, 21 Respondent. 1 22 _____________________________________ 23 24 FOR PETITIONER: Bruno Joseph Bembi, Hempstead, 25 NY. 1Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Robert M. Wilkinson is automatically substituted for former Acting Attorney General Jeffrey A. Rosen as Respondent. 1 2 FOR RESPONDENT: Brian Boynton, Acting Assistant 3 Attorney General; Nancy Friedman, 4 Senior Litigation Counsel; 5 Virginia Lum, Trial Attorney, 6 Office of Immigration Litigation, 7 United States Department of 8 Justice, Washington, DC. 9 UPON DUE CONSIDERATION of this petition for review of a 10 Board of Immigration Appeals (“BIA”) decision, it is hereby 11 ORDERED, ADJUDGED, AND DECREED that the petition for review 12 is DENIED. 13 Petitioner Salvador Helena Moreira (“Moreira”), a native 14 and citizen of El Salvador, seeks review of a December 11, 15 2018 decision of the BIA affirming a December 20, 2017 16 decision of an Immigration Judge (“IJ”) denying Moreira’s 17 application for asylum, withholding of removal, and relief 18 under the Convention Against Torture (“CAT”). In re Salvador 19 Helena Moreira, No. A 205 400 843 (B.I.A. Dec. 11, 2018), 20 aff’g No. A 205 400 843 (Immigr. Ct. N.Y.C. Dec. 20, 2017). 21 We assume the parties’ familiarity with the underlying facts 22 and procedural history. 23 We have reviewed both the IJ’s and BIA’s decisions. See 24 Ming Xia Chen v. BIA, 435 F.3d 141, 144 (2d Cir. 2006). The 25 applicable standards of review are well established. See 8 2 1 U.S.C. § 1252(b)(4)(B) (“[A]dministrative findings of fact 2 are conclusive unless any reasonable adjudicator would be 3 compelled to conclude to the contrary.”); Y.C. v. Holder, 741 4 F.3d 324, 332 (2d Cir. 2013); Hong Fei Gao v. Sessions, 891 5 F.3d 67, 76 (2d Cir. 2018). 6 As an initial matter, Moreira’s ...
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