Peralta Taveras v. Blanche

── Peralta Taveras v. Blanche ── Court: Court of Appeals for the Second Circuit Date: April 08, 2026 Category: General 24-1640-ag Peralta Taveras v. Blanche 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 8th day of April, two thousand twenty-six. PRESENT: DENNY CHIN, RAYMOND J. LOHIER, JR., STEVEN J. MENASHI, Circuit Judges. ------------------------------------------------------------------ JULIO ANTONIO PERALTA TAVERAS, Petitioner, v. No. 24-1640-ag TODD BLANCHE, ACTING UNITED STATES ATTORNEY GENERAL, Respondent. * ------------------------------------------------------------------ * 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.  FOR PETITIONER: LUKE MILLAR, The Legal Aid Society, New York, NY (Kerry Q. Battenfeld, Jillian E. Nowak, Prisoners’ Legal Services of New York, Buffalo, NY, on the brief) FOR RESPONDENT: MARGOT L. CARTER, Senior Litigation Counsel, Criminal Immigration Team (Brett A. Shumate, Assistant Attorney General, Civil Division, Lindsay B. Glauner, Assistant Director, Criminal Immigration Team, Office of Immigration Litigation, on the brief), United States Department of Justice, Civil Division, 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 in part and DISMISSED in part. Petitioner Julio Antonio Peralta Taveras, a native of the Dominican Republic, seeks review of a May 22, 2024 BIA decision dismissing his appeal from an order of an Immigration Judge (“IJ”) denying Peralta’s motion to terminate his removal proceedings and ordering him removed. Peralta, a lawful permanent resident, primarily contends that the BIA erred when it classified him 2 as an alien seeking “admission” pursuant to 8 U.S.C. § 1101(a)(13)(C)(v) upon his re-entry into the United States in Januar