19-979 Thanasi v. Garland BIA Brennan, IJ A205 809 380 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. 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 26th day of April, two thousand twenty-one. PRESENT: JOHN M. WALKER, JR., DENNY CHIN, Circuit Judges, PAUL A. ENGELMAYER, District Judge.* _____________________________________ ARTUR THANASI, AKA IOANNIS MICHALOPOULOS, Petitioner, v. 19-979 MERRICK B. GARLAND, UNITED STATES * Judge Paul A. Engelmayer, of the United States District Court for the Southern District of New York, sitting by designation. ATTORNEY GENERAL, Respondent. † _____________________________________ FOR PETITIONER: Oleh R. Tustaniwsky, Esq., Brooklyn, NY. FOR RESPONDENT: Brian M. Boynton, Acting Assistant Attorney General; Stephen J. Flynn , Assistant Director; Jessica R. Lesnau, 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 Artur Thanasi, a citizen of Albania, seeks review of a March 13, 2019 decision of the BIA denying his motion to remand and affirming a November 16, 2017 decision of an Immigration Judge ("IJ") denying asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). In re Artur Thanasi, No. A 205 809 380 (B.I.A. Mar. 13, 2019), aff'g No. A 205 809 380 (Immig. Ct. N.Y. City Nov. 16, 2017). We assume the parties' familiarity with the underlying facts and procedural history. We review the IJ's decision as modified by the BIA's decision, i.e., minus those credibility findings that the BIA declined to rely on. See Xue Hong Yang v. U.S. † Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Merrick B. Garland is substituted for former Acting Attorney General Robert M. Wilkinson. 2 Dep't of Just., 426 F.3d 520, 522 (2d Cir. 2005). We uphold the factual findings of the agency so long as they are supported by substantial evidence in the record, see 8 U.S.C. § 1252(b)(4)(B); see also Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018), and "[w]e defer . . . to an IJ's credibility determination unless . . . no reasonable fact-finder could make such an adverse credibility ruling," Xiu Xia Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008). "We …
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