20-180 Ouattara v. Garland BIA Christensen, IJ A 201 123 279 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 2nd day of June, two thousand twenty-two. PRESENT: GERARD E. LYNCH, MICHAEL H. PARK, MYRNA PÉREZ, Circuit Judges. _____________________________________ SOUMAILA OUATTARA, Petitioner, v. 20-180 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent.* _____________________________________ FOR PETITIONER: Gary J. Yerman, New York, NY. FOR RESPONDENT: Jeffrey Bossert Clark, Acting Assistant Attorney General; * The Clerk of Court is respectfully directed to amend the official caption as set forth above. Anthony P. Nicastro, Assistant Director; Yanal H. Yousef, 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. Petitioner Soumaila Ouattara, a native and citizen of Côte d’Ivoire, seeks review of a January 7, 2020, decision of the BIA affirming an April 11, 2018, decision of an Immigration Judge (“IJ”) denying Ouattara’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Soumaila Ouattara, No. A201 123 279 (B.I.A. Jan. 7, 2020), aff’g No. A201 123 279 (Immig. Ct. N.Y. City Apr. 11, 2018). We assume the parties’ familiarity with the underlying facts and procedural history. We review the IJ’s decision as modified by the BIA, i.e., minus the grounds on which the BIA did not rely. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005). “We review the agency's factual findings, 2 including adverse credibility findings, under the substantial evidence standard, which requires that they be supported by reasonable, substantial and probative evidence in the record when considered as a whole.” Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018) (quotation marks omitted). “[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). Substantial evidence supports the agency’s adverse credibility determination. Ouattara alleged that, after an attack on his father in 2005 and his mother in 2008, security forces aligned with former president Laurent Gbagbo arrested Ouattara in 2010 at a meeting of the opposition party, …
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