Baldeh v. Holder

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 22 23 24 3