United States Court of Appeals For the First Circuit No. 11-1481 NESTOR ARAMIZ PEREZ-TRUJILLO, Petitioner, v. MERRICK B. GARLAND,* UNITED STATES ATTORNEY GENERAL, Respondent. No. 17-1586 NESTOR ARAMIZ PEREZ-TRUJILLO, Petitioner, v. MERRICK B. GARLAND,* UNITED STATES ATTORNEY GENERAL, Respondent. PETITIONS FOR REVIEW OF ORDERS OF THE BOARD OF IMMIGRATION APPEALS * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General Merrick B. Garland has been substituted for former Attorney General Eric H. Holder, Jr. * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General Merrick B. Garland has been substituted for former Attorney General Jefferson B. Sessions III. Before Howard, Chief Judge, Thompson and Barron, Circuit Judges. Gregory Romanovsky and SangYeob Kim, with whom Gilles Bissonnette, Romanovsky Law Offices, and American Civil Liberties Union of New Hampshire were on brief, for petitioner. Jonathan Robbins, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Jeffrey Bossert Clark, Acting Assistant Attorney General, Civil Division, and Anthony P. Nicastro, Assistant Director, Office of Immigration Litigation, were on brief, for respondent. Nancy Kelly and John Willshire-Carrera on brief for Greater Boston Legal Services, amicus curiae. Deirdre M. Giblin on brief for Massachusetts Law Reform Institute, amicus curiae. June 28, 2021 BARRON, Circuit Judge. At issue are Nestor Perez- Trujillo's petitions for review of two decisions by the Board of Immigration Appeals ("BIA"): its 2011 ruling affirming the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"); and its 2017 ruling reversing the grant of his application for adjustment of status. We deny his 2011 petition and grant his 2017 petition. I. Perez-Trujillo is a native of El Salvador who came to the United States on May 17, 2007, when he was thirteen years old. He was apprehended close to the U.S. border by immigration authorities and, on May 19, 2007, was issued a Notice to Appear for removal proceedings. Perez-Trujillo timely filed on May 6 of the following year an application for asylum, 8 U.S.C. § 1158,1 and requested 1"The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee . . . ." 8 U.S.C. § 1158(b)(1)(A). A "refugee" for these purposes is defined as "any person who is outside any country of such person's nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Id. § 1101(a)(42)(A). - 3 - withholding of removal, id. § 1231(b)(3),2 and relief from removal under the CAT, as implemented by …
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