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QUITUIZACA v. GARLAND

No. 19-3470-ag August Term 2021.

52 F.4th 103 (2022)

Xavier Pucha QUITUIZACA, aka Manuel Sanchez Rodriguez, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 1, 2022.

Attorney(s) appearing for the Case

Rebecca Ruth Press, UnLocal, Inc. Community Immigration Legal Services, New York, NY (Xavier Pucha Quituizaca, pro se, Batavia, NY, on the briefs), for Petitioner.

Michele Y. F. Sarko , Office of Immigration Litigation ( Timothy G. Hayes , Senior Litigation Counsel, on the brief), for Jeffrey Bossert Clark , Acting Assistant Attorney General—Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.

Judge Sullivan concurs in Parts II and III and in the judgment, and files a separate concurring opinion as to Part I.

Xavier Pucha Quituizaca petitions for review of a Board of Immigration Appeals (BIA) decision affirming an Immigration Judge's (IJ's) denial of his application for asylum and withholding of removal under the Immigration and Nationality Act (INA) and protection under the Convention Against Torture (CAT). Quituizaca...

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