16-3943 Rivadeneira Manosalvas v. Sessions BIA Straus, IJ A078 678 815 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 for 2 the Second Circuit, held at the Thurgood Marshall United States 3 Courthouse, 40 Foley Square, in the City of New York, on the 27th 4 day of July, two thousand eighteen. 5 6 PRESENT: 7 DEBRA ANN LIVINGSTON, 8 SUSAN L. CARNEY, 9 Circuit Judges, 10 EDWARD KORMAN, 11 District Judge. 12 _____________________________________ 13 14 MARIO BELFOR RIVADENEIRA 15 MANOSALVAS, AKA MISAEL GUTIERREZ 16 GARCIA, AKA MIGUEL GARCIA, 17 Petitioner, 18 19 v. 16-3943 20 21 JEFFERSON B. SESSIONS III, 22 UNITED STATES ATTORNEY GENERAL, 23 Respondent. 24 _____________________________________ 25 26 FOR PETITIONER: Glenn L. Formica, Elyssa N. Williams, 27 Formica Williams, P.C., New Haven, CT. 28 Judge Edward Korman, of the United States District Court for the Eastern District of New York, sitting by designation. 1 FOR RESPONDENT: Chad A. Readler, Acting Assistant 2 Attorney General; Douglas E. Ginsburg, 3 Assistant Director; Jenny C. Lee, 4 Trial Attorney, Office of Immigration 5 Litigation, United States Department 6 of Justice, Washington, DC. 7 8 UPON DUE CONSIDERATION of this petition for review of a Board 9 of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, 10 ADJUDGED, AND DECREED that the petition for review is GRANTED. 11 Petitioner Mario Belfor Rivadeneira Manosalvas 12 (“Rivadeneira”), a native and citizen of Ecuador, seeks review of 13 an October 27, 2016 decision of the BIA affirming a December 23, 14 2015 decision of an Immigration Judge ordering Rivadeneira’s 15 removal and denying his application for cancellation of removal. 16 In re Mario Belfor Rivadeneira Manosalvas, No. A 078 678 815 17 (B.I.A. Oct. 27, 2016), aff’g No. A 078 678 815 (Immig. Ct. 18 Hartford Dec. 23, 2015). We assume the parties’ familiarity with 19 the underlying facts and procedural history in this case. 20 Rivadeneira received a charging document entitled “Notice to 21 Appear” in 2000 and was ordered removed in absentia in 2001 under 22 an alias, but never departed the United States. In 2015, he was 23 served with another charging document, also entitled “Notice to 24 Appear,” and sought cancellation of removal. An alien like 25 Rivadeneira may establish eligibility for cancellation of removal 26 if he can demonstrate, among other requirements, that he “has been 27 physically present in the United States for ...
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