Mamadou BA, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Alberto R. Gonzales, Attorney General, Respondent, 158 F. App'x 327

SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of the Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Mamadou Ba petitions for review of the BIA denial of a motion to reconsider the BIA order affirming the immigration judge’s (“U”) decision denying his application for asylum and withholding of removal. We assume the parties’ familiarity with the underlying facts and procedural history. This Court reviews the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. See Kaur v.

BIA, 413 F.3d 232, 233 (2d Cir.2005) (per curiam); Khouzam v. Ashcroft, 361 F.3d 161, 165 (2d Cir.2004) (citing Brice v. United States Dep’t of Justice, 806 F.2d 415, 419 (2d Cir.1986)). In this case, the BIA found that the country condition evidence that Ba presented in support of his motion to reopen was not material to his claim, as the IJ’s decision and BIA’s affirmance were based on adverse credibility. The BIA was within its discretion to determine that country condition evidence is not related to an adverse credibility finding and therefore was not likely to change to outcome of the case.

For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).