Nildane Borges v. Loretta E. Lynch

MEMORANDUM

In these consolidated cases, Nildane Teodoro Borges, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) (No. 12-72682), and for review of the BIA’s order denying his motion to reopen removal proceedings (No. 13-71385). We have jurisdiction under 8 U.S.C. § 1252 . ,We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 857 (9th Cir.2004). We deny the petition for review in No. 1272682. We grant the petition for review in No. 13-71385, and we remand.

We do not consider any materials Borges references in his opening and reply briefs that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963 (9th…