20-3118 Kabore v. Garland BIA Parchert, IJ A206 283 607 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. 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 21st day of December, two thousand twenty- 5 two. 6 7 PRESENT: 8 WILLIAM J. NARDINI, 9 BETH ROBINSON, 10 ALISON J. NATHAN, 11 Circuit Judges. 12 _____________________________________ 13 14 SIDBEWENIM OLIVIER KABORE, 15 Petitioner, 16 17 v. 20-3118 18 NAC 19 MERRICK B. GARLAND, UNITED 20 STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Evan M. Goldberg, Esq., 25 Washington, DC. 26 27 FOR RESPONDENT: Brian Boynton, Acting Assistant 28 Attorney General; Anthony C. 29 Payne, Assistant Director; Raya 30 Jarawan, Trial Attorney, Office of 31 Immigration Litigation, United 32 States Department of Justice, 1 Washington, DC. 2 3 UPON DUE CONSIDERATION of this petition for review of a 4 Board of Immigration Appeals (“BIA”) decision, it is hereby 5 ORDERED, ADJUDGED, AND DECREED that the petition for review 6 is DENIED. 7 Petitioner Sidbewenim Olivier Kabore, a native and 8 citizen of Burkina Faso, seeks review of an August 13, 2020 9 decision of the BIA affirming a June 8, 2018 decision of an 10 Immigration Judge (“IJ”) denying Kabore’s application for 11 asylum, withholding of removal, and relief under the 12 Convention Against Torture (“CAT”). In re Sidbewenim Olivier 13 Kabore, No. A206 283 607 (B.I.A. Aug. 13, 2020), aff’g No. 14 A206 283 607 (Immig. Ct. N.Y. City June 8, 2018). We assume 15 the parties’ familiarity with the underlying facts and 16 procedural history. 17 We have reviewed the IJ’s decision as supplemented by 18 the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 19 Cir. 2005). 20 I. Adverse Credibility Determination 21 We review an adverse credibility determination under a 22 substantial evidence standard, Hong Fei Gao v. Sessions, 891 23 F.3d 67, 76 (2d Cir. 2018), and “the administrative findings 24 of fact are conclusive unless any reasonable adjudicator 2 1 would be compelled to conclude to the contrary,” 8 U.S.C. 2 § 1252(b)(4)(B). “Considering the totality of the 3 circumstances, and all relevant factors, a trier of fact may 4 base a credibility determination on the demeanor, candor, or 5 responsiveness of the applicant . . . , the inherent …
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