Hirsi v. Barr


17-3981-ag Hirsi v. Barr 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. 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 19th day of May, two thousand twenty. PRESENT: JON O. NEWMAN, JOSÉ A. CABRANES, PETER W. HALL, Circuit Judges, MUHAMED AHMED HIRSI, Petitioner, 17-3981-ag v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. FOR PETITIONER: Theodore V.H. Mayer, Gregory Charles Farrell, Hughes Hubbard & Reed LLP, New York, NY. FOR RESPONDENT: Juria L. Jones, Trial Attorney, Keith I. McManus, Assistant Director, Office of Immigration Litigation, Joseph H. Hunt, Assistant Attorney General, Civil 1 Division, United States Department of Justice, Washington, DC. Appeal from a November 20, 2017 order of the Board of Immigration Appeals. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Joint Stipulation and Request for Remand be GRANTED, and the cause REMANDED to the Board of Immigration Appeals for further proceedings consistent with this order. Petitioner Muhamed Hirsi (“Hirsi”), a native and citizen of Somalia, seeks review of a November 20, 2017 decision of the Board of Immigration Appeals (“BIA”) affirming a June 20, 2017 decision of an Immigration Judge (“IJ”) denying Hirsi’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). See In re Muhamed Ahmed Hirsi, No. A 209 416 861 (B.I.A. Nov. 20, 2017), aff’g No. A 209 416 861 (Immig. Ct. Batavia June 20, 2017). We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal. On May 11, 2020, the parties filed a “Joint Stipulation Pursuant to FRAP 42(b) and Request for Remand.” On review of the parties’ joint filing and the IJ’s and the BIA’s decisions, we approve the parties’ stipulation of dismissal and agree that a remand to the BIA is appropriate in the circumstances presented. On remand, the BIA shall consider: (1) whether any newly obtained documents corroborate Hirsi’s claims; (2) whether the case should be remanded to the IJ to make further findings on Hirsi’s claims for asylum, withholding or removal, and protection from removal under the CAT, taking into account any newly obtained documents and the following issues that we have identified in our review of the IJ and BIA’s decisions: a. whether the evidence in the record (including, the sworn affidavit from Hirsi’s neighbor) showing ...

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