19-2772 Nwankwo v. Garland BIA Connelly, IJ A070 034 114 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 27th day of June, two thousand twenty-two. 5 6 PRESENT: 7 GERARD E. LYNCH, 8 MICHAEL H. PARK, 9 MYRNA PÉREZ, 10 Circuit Judges. 11 _____________________________________ 12 13 PATRICK M. NWANKWO, AKA PATRICK 14 MADUUBUCHI NWANKU, 15 Petitioner, 16 17 v. 19-2772 18 NAC 19 MERRICK B. GARLAND, UNITED 20 STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Rohmah A. Javed, Joseph Moravec, 25 Prisoners’ Legal Services of New 26 York, Albany, NY. 1 FOR RESPONDENT: Jeffrey Bossert Clark, Acting 2 Assistant Attorney General; John 3 S. Hogan, Assistant Director; 4 Matthew A. Spurlock, 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 Patrick M. Nwankwo, a native and citizen of 14 Nigeria, seeks review of an August 16, 2019 decision of the 15 BIA affirming a March 13, 2019 decision of an Immigration 16 Judge (“IJ”) denying Nwankwo’s application for asylum, 17 withholding of removal, and relief under the Convention 18 Against Torture (“CAT”). In re Patrick M. Nwankwo, No. A 070 19 034 114 (B.I.A. Aug. 16, 2019), aff’g No. A 070 034 114 20 (Immig. Ct. Batavia Mar. 13, 2019). We assume the parties’ 21 familiarity with the underlying facts and procedural history. 22 We have reviewed the IJ’s decision as supplemented by 23 the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 24 Cir. 2005). The applicable standards of review are well 25 established. See 8 U.S.C. § 1252(b)(4)(B) (“the 2 1 administrative findings of fact are conclusive unless any 2 reasonable adjudicator would be compelled to conclude to the 3 contrary”); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 4 2009) (reviewing factual findings for substantial evidence 5 and questions of law and application of law to fact de novo). 6 The agency concluded that Nwankwo was ineligible for 7 asylum and withholding of removal because his …
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