Mohamed v. Sessions

15-3996-ag Mohamed v. Sessions 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 20th day of June, two thousand eighteen. Present: ROSEMARY S. POOLER, RAYMOND J. LOHIER, JR., Circuit Judges. RICHARD J. SULLIVAN,1 District Judge. _____________________________________________________ NASEER MOHAMED, Petitioner, v. 15-3996-ag JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________________________ Appearing for Petitioner: Paul B. Grotas, New York, N.Y. Appearing for Respondent: Stefanie A. Svoren-Jay, Trial Attorney, Office of Immigration Litigation (John S. Hogan, Assistant Director, Office of Immigration Litigation, on the brief), for 1 Judge Richard J. Sullivan, United States District Court for the Southern District of New York, sitting by designation. Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Washington, D.C. Appearing for Amicus Curiae: Andrew Wachtenheim, Immigrant Defense Project (Tai- Heng Cheng, Julia J. Peck, Quinn Emanuel Urquhart & Sullivan, LLP, New York, N.Y., on the brief), New York, N.Y., on behalf of Petitioner. Petition for review of a final order of the Board of Immigration Appeals (“BIA”). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED in part and GRANTED in part, the BIA’s order is VACATED insofar as it denied Mohamed’s motion to remand, and the case is REMANDED to the BIA for further proceedings. Petitioner Naseer Mohamed appeals from the October 21, 2015 order of the BIA (reissued on December 3, 2015), dismissing his appeals of the denial of his applications for withholding of removal and relief under the Convention Against Torture (“CAT”), and denying his motion to remand his case to the Immigration Judge (“IJ”). We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review. Mohamed is a citizen of Guyana and a lawful permanent resident of the United States. On October 21, 2013, Mohamed was served with a Notice to Appear, charging him with removability under 8 U.S.C. § 1227(a)(2)(A)(iii) and 8 U.S.C. § 1227(a)(2)(B)(i), the sections of the Immigration and Nationality Act (“INA”) providing for the removal of foreign nationals convicted of an aggravated felony and a controlled substance violation, respectively. On June 2, 2014, the Immigration Judge denied Mohamed’s applications for withholding of removal and relief under CAT. Mohamed appealed the denial of his applications to the BIA. On July 3, ...

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