17‐2421(L) Rivas Plaza v. Whitaker BIA Vomacka, IJ A205 220 962 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 COURTʹS 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 ʺSUMMARY ORDERʺ). 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 14th day of December, two thousand eighteen. PRESENT: ROBERT D. SACK, BARRINGTON D. PARKER, DENNY CHIN, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x ALDO YURY RIVAS PLAZA, Petitioner, v. 17‐2421(L); 18‐1325 (Con) MATTHEW G. WHITAKER, Acting United States Attorney General, Respondent. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER: Perham Makabi, Kew Gardens, New York. FOR RESPONDENT: Chad A. Readler, Acting Assistant Attorney General; Jeffery R. Leist, Senior Litigation Counsel; Jennifer A. Bowen, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of these petitions for review of a Board of Immigration Appeals (ʺBIAʺ) decision, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petitions for review are DENIED. Petitioner Aldo Yury Rivas Plaza, a native and citizen of Ecuador, seeks review of an August 3, 2017, decision of the BIA affirming an September 30, 2016, decision of an Immigration Judge (ʺIJʺ) denying Rivas Plazaʹs application for cancellation of removal. In re Aldo Yury Rivas Plaza, No. A 205 220 962 (B.I.A. Aug. 3, 2017), affʹg No. A 205 220 962 (Immig. Ct. N.Y. City Sept. 30, 2016). Rivas Plaza also seeks review of an April 25, 2018, decision of the BIA denying his motion to reopen. In re Aldo Yury Rivas Plaza, No. A 205 220 962 (B.I.A. Apr. 25, 2018). We assume the partiesʹ familiarity with the underlying facts and procedural history in this case. An alien, such as Rivas Plaza, may have his removal cancelled if he: (1) ʺhas been physically present in the United States for a continuous period of not less than 10 yearsʺ; (2) ʺhas been a person of good moral character duringʺ those years; (3) has not been convicted of certain offenses; ...
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