17-4050-ag Gulbushan Rai v. Barr BIA Douchy, IJ A200 812 724 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 22nd day of April, two thousand twenty. PRESENT: BARRINGTON D. PARKER, DENNY CHIN, WILLIAM J. NARDINI, Circuit Judges. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x GULBUSHAN RAI, Petitioner, -v- 17-4050-ag WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x FOR PETITIONER: Jaspreet Singh, Law Office of Jaspreet Singh, Jackson Heights, New York. FOR RESPONDENT: Michele Y. F. Sarko, Trial Attorney (Cindy S. Ferrier, Assistant Director, on the brief), for Joseph C. Hunt, Assistant Attorney General, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C. 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 Gulbushan Rai, a native and citizen of India, seeks review of a November 27, 2017, decision of the BIA affirming a March 1, 2017, decision of an Immigration Judge ("IJ") denying Rai's application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). In re Gulbushan Rai, No. A200 812 724 (B.I.A. Nov. 27, 2017), aff'g No. A200 812 724 (Immig. Ct. N.Y. City Mar. 1, 2017). We assume the parties' familiarity with the underlying facts and procedural history in this case. In the instant appeal, we review the IJ's decision as modified by the BIA and address only the grounds for the adverse credibility determination relied on by the BIA. See Xue Hong Yang v. U.S. Dep't of Justice, 426 F.3d 520, 522 (2d Cir. 2005). We review the agency's adverse credibility determination for substantial evidence. Hong Fei 2 Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018). The governing REAL ID Act credibility standard provides as follows: Considering the totality ...
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