21-6476 Jimenez-Shilon 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 19th day of December, two thousand twenty-two. 4 5 PRESENT: ROSEMARY S. POOLER, 6 DENNY CHIN, 7 RAYMOND J. LOHIER, JR., 8 Circuit Judges. 9 ------------------------------------------------------------------ 10 DOMINGO JIMENEZ-SHILON, 11 12 Petitioner, 13 14 v. No. 21-6476 15 16 MERRICK B. GARLAND, UNITED 17 STATES ATTORNEY GENERAL, 18 19 Respondent. 20 ------------------------------------------------------------------ 21 FOR PETITIONER: Jose Perez, Law Offices of Jose 22 Perez, P.C., Syracuse, NY 1 1 FOR RESPONDENT: Brian Boynton, Principal 2 Deputy Assistant Attorney 3 General, Civil Division, 4 Anthony P. Nicastro, Assistant 5 Director, Office of Immigration 6 Litigation, Matthew B. George, 7 Senior Litigation Counsel, 8 Office of Immigration 9 Litigation, United States 10 Department of Justice, 11 Washington, DC 12 13 UPON DUE CONSIDERATION of this petition for review of a Board of 14 Immigration Appeals (“BIA”) decision, IT IS HEREBY ORDERED, ADJUDGED, 15 AND DECREED that the petition for review is GRANTED, the BIA’s decision is 16 VACATED, and the case is REMANDED for further proceedings consistent with 17 this order. 18 Petitioner Domingo Jimenez-Shilon, a native and citizen of Mexico, seeks 19 review of a July 27, 2021 decision of the BIA affirming a March 7, 2019 decision of 20 an Immigration Judge (“IJ”) that ordered his removal. We assume the parties' 21 familiarity with the underlying facts and procedural history, to which we refer 22 only as necessary to explain our decision to grant the petition. 23 I. Procedural Background 24 In 2014 the Department of Homeland Security (“DHS”) charged Jimenez- 2 1 Shilon with removability pursuant to 8 U.S.C. § 1182(a)(6)(A)(i) for being present 2 in the United States without admission or parole. At an October 2018 hearing, 3 Jimenez-Shilon, through counsel, admitted the allegations, conceded 4 removability, and expressed his intention to apply for asylum and withholding 5 of removal under the Convention Against Torture. The IJ ordered Jimenez- 6 Shilon to submit proof that he had complied with DHS’s biometrics (for example, 7 fingerprinting) requirements no later than thirty days before the next hearing. 8 The IJ also gave Jimenez-Shilon a copy of “the written frivolous asylum 9 warning,” which explains the consequences of knowingly filing an asylum 10 …
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