20-706 Manon Berroa v. Garland BIA Tsankov, IJ A023 469 659 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 25th day of July, two thousand twenty- three. PRESENT: JON O. NEWMAN, SUSAN L. CARNEY, JOSEPH F. BIANCO, Circuit Judges. _____________________________________ BIENVENIDO ANTONIO MANON BERROA, AKA MANION ANTONIO, AKA JULIO BERRIOS, AKA JOSE BERROA, Petitioner, v. 20-706 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Sophia E. Gurulé, Jessica Swensen, The Bronx Defenders, Bronx, NY; Nancy Morawetz, Washington Square Legal Services, New York, NY. FOR RESPONDENT: Jeffrey Bossert Clark, Assistant Attorney General; Cindy S. Ferrier, Assistant Director; Genevieve M. Kelly, 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 in part and DENIED in part. Petitioner Bienvenido Antonio Manon Berroa, a native and citizen of the Dominican Republic, seeks review of a January 27, 2020 decision of the BIA, affirming a January 15, 2019 decision of an Immigration Judge (“IJ”), which denied his application for relief under the Convention Against Torture (“CAT”). In re Bienvenido Antonio Manon Berroa, No. A 023 469 659 (B.I.A. Jan. 27, 2020), aff’g No. A 023 469 659 (Immigr. Ct. N.Y. City Jan. 15, 2019). We assume the parties’ familiarity with the underlying facts and procedural history. We have reviewed the IJ’s decision as modified and supplemented by the BIA. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review factual findings for 2 substantial evidence and questions of law de novo. Quintanilla-Mejia v. Garland, 3 F.4th 569, 583 (2d Cir. 2021). The agency’s factual findings are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). I. Agency’s Jurisdiction We deny the petition with respect to Manon Berroa’s challenge to the agency’s jurisdiction based on the omission of the hearing information from his Notice to Appear (“NTA”) because his argument is foreclosed by this court’s decision in Banegas Gomez v. Barr, 922 F.3d 101, 110–12 (2d Cir. 2019). …
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