Traore v. Sessions

16-3316 Traore v. Sessions BIA Montante, IJ A093 431 698 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 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 18th day of December, two thousand 5 seventeen. 6 7 PRESENT: 8 ROBERT A. KATZMANN, 9 Chief Judge, 10 ROBERT D. SACK, 11 RICHARD C. WESLEY, 12 Circuit Judges. 13 _____________________________________ 14 15 BOUBACAR EL HADJI TRAORE, AKA 16 BABACAR TRAORE, 17 Petitioner, 18 19 v. 16-3316 20 NAC 21 JEFFERSON B. SESSIONS, III, 22 UNITED STATES ATTORNEY GENERAL, 23 Respondent. 24 _____________________________________ 25 26 FOR PETITIONER: Anne E. Doebler, Buffalo, NY. 27 28 FOR RESPONDENT: Chad A. Readler, Acting Assistant 29 Attorney General; M. Jocelyn Lopez 30 Wright, Senior Litigation Counsel; 31 Melissa K. Lott, Trial Attorney, 32 Office of Immigration Litigation, 33 United States Department of 1 Justice, Washington, DC. 2 UPON DUE CONSIDERATION of this petition for review of a 3 Board of Immigration Appeals (“BIA”) decision, it is hereby 4 ORDERED, ADJUDGED, AND DECREED that the petition for review 5 is DISMISSED in part and in part DENIED. 6 Petitioner Boubacar El Hadji Traore, a native and citizen 7 of Senegal, seeks review of an August 31, 2016, decision of 8 the BIA affirming a May 6, 2015, decision of an Immigration 9 Judge (“IJ”) denying Traore’s application for asylum, 10 withholding of removal, and relief under the Convention 11 Against Torture (“CAT”). In re Boubacar El Hadji Traore, No. 12 A 093 431 698 (B.I.A. Aug. 31, 2016), aff’g No. A 093 431 698 13 (Immig. Ct. Buffalo May 6, 2015). We assume the parties’ 14 familiarity with the underlying facts and procedural history 15 in this case. 16 We have reviewed both the BIA’s and IJ’s decisions “for 17 the sake of completeness.” Wangchuck v. Dep’t of Homeland 18 Sec., 448 F.3d 524, 528 (2d Cir. 2006). The standards of 19 review are well established. See 8 U.S.C. § 1252(b)(4)(B); 20 Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). 21 I. Time Bar Ruling 22 An asylum applicant must demonstrate “by clear and 23 convincing evidence that the application has been filed 24 within 1 year after the date of the alien’s arrival in the 2 1 United States,” or must demonstrate “either the existence ...

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