18-265 Misirbiev v. Barr BIA Sichel, IJ A200 736 767 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 TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 27th day of October, two thousand twenty. 5 6 PRESENT: 7 PIERRE N. LEVAL, 8 GERARD E. LYNCH, 9 SUSAN L. CARNEY, 10 Circuit Judges. 11 _____________________________________ 12 13 LEMI MISIRBIEV, 14 Petitioner, 15 16 v. 18-265 17 NAC 18 WILLIAM P. BARR, UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Tatiana S. Aristova, Plainsboro, 24 NJ. 25 26 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney 27 General; Lyle D. Jentzer, Senior 28 Counsel for National Security; 29 Daniel I. Smulow, Senior Counsel 1 for National Security, Office of 2 Immigration Litigation, United 3 States Department of Justice, 4 Washington, DC. 5 UPON DUE CONSIDERATION of this petition for review of a 6 Board of Immigration Appeals (“BIA”) decision, it is hereby 7 ORDERED, ADJUDGED, AND DECREED that the petition for review 8 is DENIED. 9 Petitioner Lemi Misirbiev, a native of the former Soviet 10 Union and a citizen of Russia, seeks review of a January 3, 11 2018, decision of the BIA affirming a July 7, 2016, decision 12 of an Immigration Judge (“IJ”) denying Misirbiev’s 13 application for asylum, withholding of removal, and relief 14 under the Convention Against Torture (“CAT”). In re 15 Misirbiev, No. A 200 736 767 (B.I.A. Jan. 3, 2018), aff’g No. 16 A 200 736 767 (Immig. Ct. N.Y. City July 7, 2016). He also 17 seeks review of a January 3, 2018 decision of the BIA denying 18 reopening and reconsideration. In re Misirbiev, No. A 200 19 736 767 (B.I.A. Jan. 3, 2018). We assume the parties’ 20 familiarity with the underlying facts and procedural history 21 in this case. 22 We have reviewed the IJ’s decision as modified by the 23 BIA. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 2 1 520, 522 (2d Cir. 2005). The standards of review are well 2 established. See 8 U.S.C. § 1252(b)(4); Hong Fei Gao v. 3 Sessions, 891 F.3d 67, 76 (2d Cir. 2018) (reviewing adverse 4 credibility determination for substantial evidence); 5 Debeatham v. Holder, 602 F.3d 481, 484 (2d Cir. 2010) 6 (reviewing ...
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