Luna v. Blanche
CourtCourt of Appeals for the Second Circuit
Date FiledOctober 28, 2026
Docket23-8086
StatusUnpublished
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Full Opinion
23-8086
Palaquibay-Luna v. Blanche
BIA
Christensen, IJ
A220 684 308 & 240 476 560/561
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 28th day of October, two thousand
twenty-six.
PRESENT:
DEBRA ANN LIVINGSTON,
MYRNA PÉREZ,
ALISON J. NATHAN,
Circuit Judges.
_____________________________________
GERALDINE YAJAIRA PALAQUIBAY-
LUNA, K. J. G.-P., S. E. G.-P.,
Petitioners,
v. 23-8086
NAC
TODD BLANCHE, UNITED STATES
ATTORNEY GENERAL,
Respondent.*
_____________________________________
* The Clerk of Court is respectfully directed to amend the caption accordingly.
FOR PETITIONERS: Michael Borja, Borja Law Firm, P.C., Jackson
Heights, NY.
FOR RESPONDENT: Brian Boynton, Principal Deputy Assistant
Attorney General; John S. Hogan, Assistant
Director; Matthew A. Spurlock, Trial
Attorney, 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 Geraldine Yajaira Palaquibay-Luna and her minor children, all
citizens of Ecuador, seek review of a November 27, 2023, decision of the BIA
affirming a February 10, 2023, decision of an Immigration Judge (“IJ”) denying her
application for asylum, withholding of removal, and relief under the Convention
Against Torture (“CAT”). In re Geraldine Yajaira Palaquibay-Luna, et al., Nos. A 220
684 308 & 240 476 560/561 (B.I.A. Nov. 27, 2023), aff’g Nos. A 220 684 308 & 240 476
560/561 (Immig. Ct. N.Y. City Feb. 10, 2023). We assume the parties’ familiarity
with the underlying facts and procedural history.
We have reviewed the IJ’s decision as supplemented by the BIA. See Yan
Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review fact-finding “under
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the substantial evidence standard,” and questions of law and the application of
law to fact de novo. Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018). “[T]he
administrative findings of fact are conclusive unless any reasonable adjudicator
would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B).
A. Asylum and Withholding of Removal
As to asylum and withholding of removal, we may review the IJ’s past
persecution, nexus, and state action findings despite the BIA’s determination that
Palaquibay-Luna waived those issues because the BIA also found no clear error in
the IJ’s decision. See Xian Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289, 296–97
(2d Cir. 2006) (excusing the failure to raise an issue before the BIA where the BIA
addressed the claim anyways).
Still, there is no error in the IJ’s determination that Palaquibay-Luna’s claim
lacks a sufficient nexus to a protected ground. See Quituizaca v. Garland, 52 F.4th
103, 109–14 (2d Cir. 2022) (both asylum and withholding of removal require a
showing that the protected ground was or will be “one central reason” for the
harm suffered or feared). The IJ determined that the people who extorted
Palaquibay-Luna were motivated by ordinary criminal incentives or financial
gain, not a protected ground. Indeed, the record reflects only general criminal
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motives. See Garcia-Aranda v. Garland, 53 F.4th 752, 758 (2d Cir. 2022) (a
“perceived ability to pay” extortion is not a protected ground); Ucelo-Gomez v.
Mukasey, 509 F.3d 70, 73 (2d Cir. 2007) (“When the harm visited upon members of
a group is attributable to the incentives presented to ordinary criminals rather than
to persecution, the scales are tipped away from considering those people a
‘particular social group’ within the meaning of the INA.”). The lack of a sufficient
nexus is dispositive of asylum and withholding of removal.
B. CAT
Palaquibay-Luna has abandoned her CAT claim by failing to challenge the
agency’s likely torture finding. A CAT applicant must show that she “more likely
than not” will be tortured by or with the acquiescence of government officials. 8
C.F.R. §§ 1208.16(c)(2), 1208.18(a)(1); see Garcia-Aranda, 53 F.4th at 758–59
(“Analysis of a CAT claim boils down to a two-step inquiry”—namely, a showing
of likely torture and “sufficient state action”). She challenges only the
acquiescence finding here and has thus abandoned a dispositive ground for the
denial of CAT relief. See Debique v. Garland, 58 F.4th 676, 684 (2d Cir. 2023); Garcia-
Aranda, 53 F.4th at 758. Therefore, we need not reach the remaining acquiescence
arguments. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (“As a general rule courts
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and agencies are not required to make findings on issues the decision of which is
unnecessary to the results they reach.”).
C. Briefing Deficiencies
We address the remaining arguments to the extent necessary to highlight
deficiencies in the brief prepared by counsel Michael Borja. Rather than
challenging the dispositive nexus finding for the asylum and withholding of
removal claims, the brief argues that the proposed particular social group was
cognizable. But the agency made no cognizability findings, particularly because
Palaquibay-Luna was pro se before the IJ and did not identify a protected ground
on her application. Counsel also asserts here that the “[p]etitioners were
repeatedly threatened and attacked,” but the only instance of physical harm that
Palaquibay-Luna alleges was an assault on her brother.
The brief also raises previously rejected legal arguments. Counsel
contends that withholding of removal has a less-stringent nexus standard than
asylum. But as noted above, the “one central reason” standard applies both to
asylum and withholding of removal, see Quituizaca, 52 F.4th at 109–14, and we
have previously rejected counsel’s argument, see, e.g., Chamba-Alvarez v. Garland,
No. 21-6072, 2023 WL 6439401, at *1 & n.1 (2d Cir. Oct. 3, 2023) (summary order);
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Acero-Guaman v. Garland, No. 21-6606, 2024 WL 1734054, at *1 (2d Cir. Apr. 23,
2024) (summary order). Additionally, we have rejected as unsupported and
insufficiently argued Mr. Borjas’ argument that CAT relief does not require
government acquiescence. See, e.g., Guarchaj-Guachiac v. Blanche, No. 24-128, 2026
WL 1210065, at *2 (2d Cir. May 1, 2026) (summary order).
For the foregoing reasons, the petition for review is DENIED. Given the
defects in briefing by Michael Borja, a copy of this order will be forwarded to the
Grievance Panel. All pending motions and applications are DENIED and stays
VACATED.
FOR THE COURT:
Catherine O’Hagan Wolfe,
Clerk of Court
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