Barzallo-Andrade v. Blanche

── Barzallo-Andrade v. Blanche ── Case No.: 23-7737 Court: Court of Appeals for the Second Circuit Date: April 03, 2026 Category: General 23-7737 Barzallo-Andrade v. Blanche BIA Norkin, IJ A220 360 586/585/587 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 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 3rd day of April, two thousand twenty- six. PRESENT: JOHN M. WALKER, JR., RICHARD J. SULLIVAN, EUNICE C. LEE, Circuit Judges. _____________________________________ DANIEL BOLIVAR BARZALLO-ANDRADE, OLGA MARISELA PERALTA-MALLA, E.S.B., Petitioners, v. 23-7737 NAC TODD BLANCHE, ACTING UNITED STATES ATTORNEY GENERAL,  Respondent. * _____________________________________ FOR PETITIONERS: Reuben S. Kerben, Esq., Kerben Law Firm, P.C., Kew Gardens, NY. FOR RESPONDENT: Brian M. Boynton, Principal Deputy Assistant Attorney General, Anthony C. Payne, Assistant Director, Office of Immigration Litigation, Jennifer A. Bowen, Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioners Daniel Bolivar Barzallo-Andrade, Olga Marisela Peralta-Malla, and their minor child, natives and citizens of Ecuador, seek review of an October 13, 2023, decision of the Board of Immigration Appeals (“BIA”) affirming a July 22, 2022, decision of an Immigration Judge (“IJ”) denying Barzallo- Andrade’s application for asylum, withholding of removal, and relief under the * The Clerk of Court is respectfully directed to amend the caption as set forth above. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Todd Blanche is automatically substituted for former Attorney General Pamela Bondi as Respondent. 2 Convention Against Torture (“CAT”) and his motions to administratively close and to continue proceedings to await adjudication of a claim under the Federal Tort Claims Act (“FTCA”). In re Daniel Bolivar Barzallo-Andrade, et al., Nos. A220 360 586/585/587 (B.I.A. Oct. 13, 2023), aff’g Nos. A220 360 586/585/587 (Immigr. Ct. N.Y.C. July 22, 2022). We assume the parties’ familiarity with the underlying facts and procedural history. I. Motions for Administrative Closure and Continuance “We review the denial of administrative closure for abuse of discretion.” Garcia v. Garland, 64 F.4th 62, 69 (2d Cir. 2023). The same is true for the “denial of a conti