18-1801 Akre v. Garland BIA Mulligan, IJ A209 386 096 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 18th day of May, two thousand twenty-one. PRESENT: ROBERT A. KATZMANN, RICHARD C. WESLEY, SUSAN L. CARNEY, Circuit Judges. _____________________________________ AWOH FRANCK DOMINIQUE DIDIER AKRE, AKA AWOH FRANCK D. AKRE Petitioner, v. 18-1801 NAC MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Rachel G. Skaistis, Dean Nickles, Cravath, Swaine & Moore LLP, New York, NY; Jennifer Williams, The Legal Aid Society, New York, NY. FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Jonathan Robbins, Senior Litigation Counsel; Patricia E. Bruckner, 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 GRANTED. Petitioner Awoh Franck Dominique Didier Akre, a native and citizen of Côte d’Ivoire, seeks review of a June 5, 2018, decision of the BIA affirming a January 25, 2018, decision of an Immigration Judge (“IJ”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). See In re Awoh Franck Dominique Didier Akre, No. A209 386 096 (B.I.A. June 5, 2018), aff’g No. A209 386 096 (Immig. Ct. N.Y. City Jan. 25, 2018). 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). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). We assume, as the BIA did, that the government of Côte d’Ivoire was unable or 2 unwilling to protect Akre from the persecution he suffered and fears. See Yan Chen, 417 F.3d at 271–72. The agency failed to adequately consider the record in determining that Akre, who was presumed to have a well-founded fear of persecution on account of past persecution stemming from his conversion to Islam, could safely relocate within Côte d’Ivoire to avoid future harm. An applicant who has suffered past persecution is presumed to have a well-founded fear of future persecution. See 8 …
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