18-983 Ismail v. Barr BIA Straus, IJ A206 514 530 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 16th day of January, two thousand twenty. 5 6 PRESENT: 7 BARRINGTON D. PARKER, 8 MICHAEL H. PARK, 9 Circuit Judges.1 10 _____________________________________ 11 12 ABDUL F. ISMAIL 13 Petitioner, 14 15 v. 18-983 16 NAC 17 WILLIAM P. BARR, UNITED STATES 18 ATTORNEY GENERAL, 19 Respondent. 20 _____________________________________ 21 22 23 FOR PETITIONER: Megan E. Kludt, Northampton, MA. 24 25 1 Judge Christopher F. Droney, who was originally assigned to the panel, retired from the Court, effective January 1, 2020, prior to the resolution of this case. The remaining two members of the panel, who are in agreement, have determined the matter. See 28 U.S.C. § 46(d); 2d Cir. IOP E(b); United States v. Desimone, 140 F.3d 457, 458–59 (2d Cir. 1998). 1 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney 2 General; Jeffery R. Leist, Senior 3 Litigation Counsel; Yedidya Cohen, 4 Trial Attorney, Office of 5 Immigration Litigation, United 6 States Department of Justice, 7 Washington, DC. 8 UPON DUE CONSIDERATION of this petition for review of a 9 Board of Immigration Appeals (“BIA”) decision, it is hereby 10 ORDERED, ADJUDGED, AND DECREED that the petition for review 11 is DENIED in part and DISMISSED in part. 12 Petitioner Abdul F. Ismail, a native and citizen of 13 Ghana, seeks review of a March 29, 2018, decision of the BIA 14 affirming an October 4, 2017, decision of an Immigration Judge 15 (“IJ”) denying Ismail’s application for asylum, withholding 16 of removal, and relief under the Convention Against Torture 17 (“CAT”) and denying his motion to continue his proceedings to 18 await a decision from U.S. Citizenship and Immigration 19 Services (“USCIS”). In re Abdul F. Ismail, No. A 206 514 530 20 (B.I.A. Mar. 29, 2019), aff’g No. A 206 514 530 (Immig. Ct. 21 Hartford Oct. 4, 2017). We assume the parties’ familiarity 22 with the underlying facts and procedural history in this case. 23 24 2 1 Asylum, Withholding of Removal, and CAT 2 Under the circumstances of this case, we have reviewed 3 both the BIA’s and IJ’s decisions. See Yun-Zui Guan v. 4 Gonzales, 432 F.3d ...
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