10-4615-ag
Baldeh v. Holder
BIA
Videla, IJ
A094 824 931
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 Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 13th day of December, two thousand eleven.
5
6 PRESENT:
7 ROGER J. MINER,
8 REENA RAGGI,
9 SUSAN L. CARNEY,
10 Circuit Judges.
11 _______________________________________
12
13 OUSAINE BALDEH,
14 Petitioner,
15
16 v. 10-4615-ag
17 NAC
18 ERIC H. HOLDER, JR., UNITED STATES
19 ATTORNEY GENERAL,
20
21 Respondent.
22 ______________________________________
23
24 FOR PETITIONER: Gary J. Yerman, New York, New York.
25
26 FOR RESPONDENT: Tony West, Assistant Attorney
27 General; Richard M. Evans, Assistant
28 Director; Nancy E. Friedman, Senior
29 Litigation Counsel, Office of
30 Immigration Litigation, Civil
31 Division, United States Department
32 of Justice, Washington, D.C.
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 Ousaine Baldeh, a native and citizen of the
6 Gambia, seeks review of an October 15, 2010, order of the
7 BIA affirming the November 25, 2008, decision of Immigration
8 Judge (“IJ”) Gabriel C. Videla denying his application for
9 asylum, withholding of removal, and relief under the
10 Convention Against Torture (“CAT”). In re Ousaine Baldeh,
11 No. A094 824 931 (B.I.A. Oct. 15, 2010), aff’g No. A094 824
12 931 (Immigr. Ct. N.Y. City Nov. 25, 2008). We assume the
13 parties’ familiarity with the underlying facts and
14 procedural history of this case. Under the circumstances of
15 this case, we review the IJ’s decision as supplemented by
16 the BIA’s decision. See Yan Chen v. Gonzales, 417 F.3d 268,
17 271 (2d Cir. 2005).
18 Baldeh argues that the IJ’s adverse credibility finding
19 was not supported by the inconsistencies in his testimony.
20 However, as the BIA found, Baldeh’s appeal to the BIA did
21 not present any specific challenges to the IJ’s adverse
22 credibility finding. Accordingly, we decline to consider
2
1 Baldeh’s challenges to the adverse credibility finding
2 because he failed to exhaust the arguments by presenting
3 them to the BIA in the first instance. See Lin Zhong v.
4 U.S. Dep't of Justice, 480 F.3d 104, 122 (2d Cir. 2007)
5 (reaffirming that this Court “may consider only those issues
6 that formed the basis for [the BIA’s] decision”). Because
7 Baldeh’s requests for asylum, withholding of removal, and
8 CAT relief shared the same common factual basis, the
9 agency’s finding that his testimony was not credible
10 supports the agency’s denial of all three forms of relief.
11 See Paul v. Gonzales, 444 F.3d 148, 155–56 (2d Cir. 2006).
12 For the foregoing reasons, the petition for review is
13 DENIED. As we have completed our review, any stay of
14 removal that the Court previously granted in this petition
15 is VACATED, and any pending motion for a stay of removal in
16 this petition is DISMISSED as moot. Any pending request for
17 oral argument in this petition is DENIED in accordance with
18 Federal Rule of Appellate Procedure 34(a)(2) and Second
19 Circuit Local Rule 34.1(b).
20 FOR THE COURT:
21 Catherine O’Hagan Wolfe, Clerk
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