NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 13-2159
MAMADOU COULIBALY,
Petitioner
v.
ATTORNEY GENERAL UNITED STATES OF AMERICA
On Petition for Review of an Order of the
Board of Immigration Appeals
(BIA A099-590-208)
Before: McKEE, Chief Judge, AMBRO and
JORDAN, Circuit Judges
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 3, 2014
(Opinion filed: March 20, 2014)
OPINION
McKEE, Chief Judge.
Mamadou Coulibaly petitions for review of a final order of removal issued by the
Board of Immigration Appeals dismissing his appeal. For the reasons that follow, we will
deny Coulibaly’s petition for review.
I.
Because we write for the parties only, we need not recite the facts or procedural
history of this case.
Coulibaly’s applications for adjustment of status and waiver of grounds of
inadmissibility are governed by the REAL ID Act. Pursuant to that Act, an adverse
credibility determination can be based on inconsistencies “without regard to whether an
inconsistency . . . goes to the heart of the applicant’s claim,” but these inconsistencies
must be considered as part of “the totality of the circumstances, and all relevant factors.”
8 U.S.C. § 1158(b)(1)(B)(iii).
We have not addressed the REAL ID Act’s credibility provisions in a precedential
opinion, and we need not do so now because, even absent the BIA’s adverse credibility
determination, Coulibaly’s application for relief fails on the merits.
Coulibaly bore the burden of establishing by clear and convincing evidence that he
is lawfully present in the United States pursuant to a prior admission. 8 U.S.C. §
1229a(c)(2)(B). However, this record fails to establish by any metric, let alone by clear
and convincing evidence, that Coulibaly was previously admitted. Accordingly, the
record does not compel reversal of the determination that Coulibaly failed to carry his
burden of proof. See 8 U.S.C. § 1182(a)(6)(A)(i). Accordingly, we will deny the
petition for review.
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