Piroli v. Sessions


16-3778 Piroli v. Sessions BIA Page, IJ A078 971 104 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 5th day of July, two thousand eighteen. 5 6 PRESENT: 7 ROBERT A. KATZMANN, 8 Chief Judge, 9 DEBRA ANN LIVINGSTON, 10 SUSAN L. CARNEY, 11 Circuit Judges. 12 _____________________________________ 13 14 NIKOLIN PIROLI, 15 Petitioner, 16 17 v. 16-3778 18 NAC 19 JEFFERSON B. SESSIONS III, 20 UNITED STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Charles Christophe, New York, NY. 25 26 FOR RESPONDENT: Chad A. Readler, Acting Assistant 27 Attorney General; Papu Sandhu, 28 Assistant Director; Victor M. 29 Lawrence, Senior Litigation 30 Counsel, Office of Immigration 31 Litigation, United States 32 Department of Justice, Washington, 33 DC. 1 UPON DUE CONSIDERATION of this petition for review of a 2 Board of Immigration Appeals (“BIA”) decision, it is hereby 3 ORDERED, ADJUDGED, AND DECREED that the petition for review 4 is DENIED. 5 Petitioner Nikolin Piroli, a native and citizen of 6 Albania, seeks review of an October 11, 2016, decision of the 7 BIA affirming a May 14, 2015, decision of an Immigration Judge 8 (“IJ”) denying Piroli’s application for asylum, withholding 9 of removal, and relief under the Convention Against Torture 10 (“CAT”). In re Nikolin Piroli, No. A 078 971 104 (B.I.A. 11 Oct. 11, 2016), aff’g No. A 078 971 104 (Immig. Ct. N.Y. City 12 May 14, 2015). We assume the parties’ familiarity with the 13 underlying facts and procedural history in this case. 14 We have reviewed both the BIA’s and IJ’s decisions. See 15 Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005). 16 The standards of review are well established. See 8 U.S.C. 17 § 1252(b)(4); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d 18 Cir. 2009). 19 Piroli filed for asylum and related relief before May 20 11, 2005, so his application is not subject to the 21 credibility provisions of the REAL ID Act. See REAL ID Act 22 of 2005, Div. B of Pub. L. No. 109-13, 119 Stat. 302, 303 23 (2005) (codified at 8 U.S.C. § 1158(b)(1)(B)(iii)); Matter 2 1 of S-B-, 24 I. & N. Dec. 42, 45 (BIA 2006). ...

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