Xivir-Ixtos v. Blanche

── Xivir-Ixtos v. Blanche ── Court: Court of Appeals for the Second Circuit Date: April 21, 2026 Category: General 23-7396 Xivir-Ixtos v. Blanche BIA Reid, IJ A220 306 831/919/920 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 21st day of April, two thousand twenty-six. PRESENT: JOSEPH F. BIANCO, MYRNA PÉREZ, MARIA ARAÚJO KAHN, Circuit Judges. _____________________________________ INGRID AZUCENA XIVIR-IXTOS, J.S.- X., K.A.S.-X., Petitioners, v. 23-7396 NAC TODD BLANCHE, ACTING UNITED STATES ATTORNEY GENERAL,  Respondent. * _____________________________________ FOR PETITIONERS: Paul B. Grotas, The Grotas Firm, P.C., New York, NY. FOR RESPONDENT: Brian M. Boynton, Principal Deputy Assistant Attorney General; Jonathan A. Robbins, Assistant Director; Kaci Waguespack, Law Clerk; Office of Immigration Litigation, 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 Ingrid Azucena Xivir-Ixtos and her two minor children, natives and citizens of Guatemala, seek review of a September 18, 2023 decision of the BIA, affirming an August 10, 2022 decision of an Immigration Judge (“IJ”), which denied their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 In re Xivir-Ixtos, et al., Nos. A 220 306 * The Clerk of Court is 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. 1 We principally refer to Xivir-Ixtos because her children’s applications relied on the same facts. 2 831/919/920 (B.I.A. Sept. 18, 2023), aff’g Nos. A 220 306 831/919/920 (Immig. Ct. N.Y.C. Aug. 10, 2022). We assume the parties’ familiarity with the underlying facts and procedural history. We have reviewed the IJ’s decision as modified and supplemented by the BIA—that is, we review the IJ’s nexus finding for the asylum and withholding of removal claims premised on membership in a particular social group, with the BIA’s additional discussion of that issue, and the BIA’s waiver findings for the political opinion and CAT claims. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.