Burgos-Guzman v. Blanche

── Burgos-Guzman v. Blanche ── Case No.: 24-373 Court: Court of Appeals for the Second Circuit Date: April 03, 2026 Category: General 24-373 Burgos-Guzman v. Blanche BIA Perl, IJ A220 598 845/240 477 964 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: RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, WILLIAM J. NARDINI, Circuit Judges. _____________________________________ MAYRA CAROLINA BURGOS- GUZMAN, M.D.B.P., Petitioners, v. 24-373 NAC TODD BLANCHE, ACTING UNITED STATES ATTORNEY GENERAL, Respondent. ∗ ∗ The Clerk of Court is respectfully directed to amend the official caption as set forth above to omit the name of Petitioner Burgos-Guzman’s minor child. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General _____________________________________ FOR PETITIONERS: Bruno J. Bembi, Hempstead, NY. FOR RESPONDENT: Brian M. Boynton, Principal Deputy Assistant Attorney General; Erica B. Miles, Assistant Director; Christopher G. Gieger, 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 Mayra Carolina Burgos-Guzman and her minor child, natives and citizens of Ecuador, seek review of a decision of the BIA affirming a decision of an Immigration Judge (“IJ”) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 In re Todd Blanche is automatically substituted for former Attorney General Pamela Bondi as Respondent. 1Burgos-Guzman has abandoned review of her CAT claim: She did not challenge the IJ’s denial of it on appeal to the BIA, the BIA deemed it waived, and she does not raise it here. See Debique v. Garland, 58 F.4th 676, 684 (2d Cir. 2023) (“We consider abandoned any claims not adequately presented in the appellant’s brief, and an appellant’s failure to make legal or factual arguments constitutes abandonment.”) (internal quotation marks omitted). 2 Mayra Carolina Burgos-Guzman, et al., Nos. A220 598 845/240 477 964 (B.I.A. Jan. 24, 2024), aff’g Nos. A220 598 845/240 477 964 (Immigr. Ct. N.Y.C. Oct. 18, 2022). We assume the parties’ familiarity with the underlying facts and procedural history. An applicant for asylum and withholding of removal “must establish that race,