19-1395 Hernandez Arellano v. Garland BIA Connelly, IJ A214 088 660 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. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 22nd day of June, two thousand twenty-one. PRESENT: DENNY CHIN, MICHAEL H. PARK, Circuit Judges. * _____________________________________ ABIGAIL HERNANDEZ ARELLANO, AKA MARTIN DOLL, Petitioner, v. 19-1395 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Michael E. Marszalkowski, Serotte Law, Buffalo, NY. * Our late colleague Judge Robert A. Katzmann was originally assigned to this panel. The two remaining members of the panel, who are in agreement, have decided this case in accordance with Second Circuit Internal Operating Procedure E(b). See 28 U.S.C. § 46(d); cf. United States v. Desimone, 140 F.3d 457, 458 (2d Cir. 1998). FOR RESPONDENT: Brian M. Boynton, Assistant Attorney General; Jeffery R. Leist, Senior Litigation Counsel; Lance L. Jolley, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED. Petitioner Abigail Hernandez Arellano, a native and citizen of Mexico, seeks review of an April 30, 2019, decision of the BIA, affirming a November 2, 2018, decision of an Immigration Judge (“IJ”) denying Hernandez Arellano’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Abigail Hernandez Arellano, No. A214 088 660 (B.I.A. Apr. 30, 2019), aff’g No. A214 088 660 (Immig. Ct. Batavia Nov. 2, 2018). We assume the parties’ familiarity with the underlying facts and procedural history. We review the IJ’s decision as modified by the BIA and address only the agency’s conclusion that Hernandez 2 Arellano failed to establish a well-founded fear of persecution on account of her membership in a particular social group. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). To establish eligibility for asylum, Hernandez Arellano had to show a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. §§ …
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