19-1282 Lubaki Zala v. Wilkinson BIA Hochul, IJ A206 864 847 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. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 25th day of January, two thousand twenty-one. 5 6 PRESENT: 7 JOSÉ A. CABRANES, 8 ROBERT D. SACK, 9 WILLIAM J. NARDINI, 10 Circuit Judges. 11 _____________________________________ 12 13 YVES LUBAKI ZALA, 14 Petitioner, 15 16 v. 19-1282 17 NAC 18 MONTY WILKINSON, ACTING UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 1 21 _____________________________________ 22 23 24 FOR PETITIONER: Stephen K. Tills, Esq., Orchard 25 Park, NY. 26 1 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Monty Wilkinson is automatically substituted for former Acting Attorney General Jeffrey A. Rosen as Respondent. 1 FOR RESPONDENT: Jeffrey Bossert Clark, Acting 2 Assistant Attorney General; 3 Anthony C. Payne , Assistant 4 Director; Joseph D. Hardy, Trial 5 Attorney, Office of Immigration 6 Litigation, United States 7 Department of Justice, Washington, 8 DC. 9 UPON DUE CONSIDERATION of this petition for review of a 10 Board of Immigration Appeals (“BIA”) decision, it is hereby 11 ORDERED, ADJUDGED, AND DECREED that the petition for review 12 is DENIED. 13 Petitioner Yves Lubaki Zala, a native and citizen of the 14 Democratic Republic of Congo, seeks review of an April 8, 15 2019, decision of the BIA affirming an August 15, 2017, 16 decision of an Immigration Judge (“IJ”), denying asylum, 17 withholding of removal, and relief under the Convention 18 Against Torture (“CAT”). In re Yves Lubaki Zala, No. A 206 19 864 847 (B.I.A. Apr. 8, 2019), aff’g No. A 206 864 847 20 (Immig. Ct. Buffalo Aug. 15, 2017). We assume the parties’ 21 familiarity with the underlying facts and procedural history. 22 We have reviewed the IJ’s decision as modified by the 23 BIA. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 24 520, 522 (2d Cir. 2005). The applicable standards of review 25 are well established. See Yanqin Weng v. Gonzales, 562 F.3d 26 510, 513 (2d Cir. 2009) (reviewing factual findings for 2 1 substantial evidence and questions of law and application of 2 law to fact de novo). 3 The IJ had jurisdiction over Zala’s removal proceedings. 4 See Banegas Gomez v. Barr, ...
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