18-2763 Rodriguez-Reyes v. Rosen BIA Nelson, IJ A208 756 446 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 United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 22nd day of January, two thousand twenty-one. 5 6 PRESENT: 7 DEBRA ANN LIVINGSTON, 8 Chief Judge 9 PIERRE N. LEVAL, 10 RICHARD J. SULLIVAN, 11 Circuit Judges. 12 _____________________________________ 13 14 ELIAS RODRIGUEZ-REYES, 15 Petitioner, 16 17 v. 18-2763 18 NAC 19 JEFFREY A. ROSEN, ACTING 20 UNITED STATES ATTORNEY GENERAL, 21 Respondent.* 22 _____________________________________ 23 24 FOR PETITIONER: Robert F. Graziano, Buffalo, NY. 25 26 FOR RESPONDENT: Ethan P. Davis, Acting Assistant 27 Attorney General; Daniel E. 28 Goldman, Senior Litigation 29 30 * Pursuant to Fed R. App. R. 43(c)(2), Jeffrey A. Rosen is automatically substituted for former Attorney General 31 William P. Barr. 32 1 Counsel, Mona Maria Yousif, 2 Attorney, Office of Immigration 3 Litigation, United States 4 Department of Justice, Washington, 5 DC. 6 7 UPON DUE CONSIDERATION of this petition for review of a 8 Board of Immigration Appeals (“BIA”) decision, it is hereby 9 ORDERED, ADJUDGED, AND DECREED that the petition for review 10 is DENIED. 11 Petitioner Elias Rodriguez-Reyes, a native and citizen 12 of El Salvador, seeks review of an August 15, 2018 decision 13 of the BIA affirming a September 6, 2017 decision of an 14 Immigration Judge (“IJ”) denying asylum, withholding of 15 removal, and relief under the Convention Against Torture 16 (“CAT”). In re Elias Rodriguez-Reyes, No. A208 756 446 17 (B.I.A. Aug. 15, 2018), aff’g No. A208 756 446 (Immig. Ct. 18 N.Y.C. Sept. 6, 2017). We assume the parties’ familiarity 19 with the underlying facts and procedural history. 20 Under the circumstances of this case, we have reviewed 21 both the IJ’s and BIA’s decisions. See Wangchuck v. Dep’t 22 of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). We review 23 the agency’s legal conclusions de novo and its factual 24 findings under the substantial evidence standard. Y.C. v. 25 Holder, 741 F.3d 324, 332 (2d Cir. 2013). Under that 2 1 standard, we uphold the agency’s factual findings so long as 2 “they are supported by reasonable, substantial[,] and 3 probative evidence in the record.” Yanqin Weng v. Holder, 4 562 F.3d 510, 513 (2d ...
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