NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0545n.06 No. 17-3298 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 02, 2017 JACKLINE JEBET KORIR, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ON PETITION FOR REVIEW ) OF A FINAL ORDER OF THE v. ) BOARD OF IMMIGRATION ) APPEALS JEFFERSON B. SESSIONS, III, U.S. Attorney ) General, ) ) OPINION Respondent. ) ) Before: MOORE, WHITE, and DONALD, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Jackline Jebet Korir entered the United States from Kenya in June 2009 on a student visa. She was served with a Notice to Appear in September 2012 for failing to abide by the conditions of her nonimmigrant status. Subsequently, the Department of Homeland Security (“DHS”) lodged two additional charges against Korir stemming from her conviction for falsely representing herself to be a U.S. citizen, in violation of 18 U.S.C. § 1015(e). Korir conceded removability and filed an application for withholding of removal or protection under the Convention Against Torture (“CAT”), claiming that she would be subject to female genital mutilation (“FGM”) and a forced arranged marriage if she were removed to Kenya. The Immigration Judge (“IJ”) found that Korir was not credible and denied her application for withholding of removal or relief under the CAT. The Board of Immigration No. 17-3298 Jackline Korir v. Jefferson B. Sessions, III Appeals (“BIA”) affirmed the denial on appeal. After reviewing the record, we conclude that the IJ’s adverse credibility finding is supported by substantial evidence and thus Korir cannot satisfy her burden of proof for withholding of removal or protection under the CAT. We therefore DENY Korir’s petition for review. I. BACKGROUND Korir, a citizen of Kenya, was admitted to the United States in June 2009 as a nonimmigrant student in order to attend Lansing Community College in Lansing, Michigan. Administrative Record (“A.R.”) at 775 (Notice to Appear at 1). She failed to enroll at the college from August 2011 onward and the DHS issued a Notice to Appear on September 6, 2012. Id. The DHS charged that Korir was subject to removal, pursuant to 8 U.S.C. § 1227(a)(1)(C)(i), because she “failed to maintain or comply with the conditions of the nonimmigrant status under which [she was] admitted.” Id. at 777 (Notice to Appear at 3). On January 17, 2013, Korir pleaded guilty to knowingly making a false statement that she was a citizen or national of the United States with the intent to engage unlawfully in employment in the United States in violation of 18 U.S.C. § 1015(e). Id. at 717 (Judgment in a Criminal Case at 1). The district court sentenced her to probation for a term of one year. Id. at 718 (Judgment in a Criminal Case at 2). The DHS subsequently lodged two additional charges against Korir: (1) removability under 8 U.S.C. § 1227(a)(3)(D) for falsely representing herself to be a citizen of the United States; and (2) removability under 8 U.S.C. § 1227(a)(2)(A)(i) because Korir had been convicted of a ...
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