19-1750 Morgan v. Garland BIA Mulligan, IJ A055 563 276 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 7th day of February, two thousand twenty- 5 two. 6 7 PRESENT: 8 JOSÉ A. CABRANES, 9 RICHARD J. SULLIVAN, 10 STEVEN J. MENASHI, 11 Circuit Judges. 12 _____________________________________ 13 14 STEPHEN ALPHANSO MORGAN, 15 Petitioner, 16 17 v. 19-1750 18 NAC 19 MERRICK B. GARLAND, UNITED 20 STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Kai W. De Graaf, Esq., Ada, MI. 25 26 FOR RESPONDENT: Ethan P. Davis, Acting Assistant 27 Attorney General; Erica B. Miles, 28 Senior Litigation Counsel; Craig 1 A. Newell, Jr., Trial Attorney, 2 Office of Immigration Litigation, 3 United States Department of 4 Justice, Washington, DC. 5 UPON DUE CONSIDERATION of this petition for review of a 6 Board of Immigration Appeals (“BIA”) decision, it is hereby 7 ORDERED, ADJUDGED, AND DECREED that the petition for review 8 is DENIED. 9 Petitioner Stephen Alphanso Morgan, a native and citizen 10 of Jamaica, seeks review of a May 31, 2019 decision of the 11 BIA affirming a December 18, 2018 decision of an Immigration 12 Judge (“IJ”) ordering Morgan’s removal for an aggravated 13 felony crime of violence and denying relief from removal under 14 the Convention Against Torture (“CAT”). In re Stephen 15 Alphanso Morgan, No. A 055 563 276 (B.I.A. May 31, 2019), 16 aff’g No. A 055 563 276 (Immig. Ct. N.Y. City Dec. 18, 2018). 17 We assume the parties’ familiarity with the underlying facts 18 and procedural history. 19 We have considered both the IJ’s and the BIA’s opinions 20 “for the sake of completeness.” Wangchuck v. Dep’t of 21 Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). We review 22 de novo whether a conviction is an aggravated felony. 23 Martinez v. Mukasey, 551 F.3d 113, 117 (2d Cir. 2008). We 2 1 review factual challenges to the agency’s denial of CAT relief 2 under the substantial evidence standard. See Nasrallah v. 3 Barr, 140 S. Ct. 1683, 1692 (2020). 4 The agency ordered Morgan removed for an aggravated 5 felony and specifically that his assault conviction under New 6 York Penal Law 120.05(2) is a crime …
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