Nos. 21-1384, 24-1201

CHRISMA FELIN MONDZALI BOPAKA,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

PETITIONS FOR REVIEW OF ORDERS OF THE BOARD OF IMMIGRATION APPEALS

Before

Rikelman, Selya, and Lynch, Circuit Judges.

Stephanie E.Y. Marzouk, with whom Marzouk Law LLC was on brief, for petitioner. SangYeob Kim, with whom Gilles Bissonnette was on brief for American Civil Liberties Union of New Hampshire, New Hampshire Legal Assistance, and University of Maine School of Law Refugee and Human Rights Clinic, amici. Jennifer A. Bowen, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, with whom Anthony C. Payne, Assistant Director, Office of Immigration Litigation, U.S. Department of Justice, and Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, were on brief, for respondent. December 13, 2024 LYNCH, Circuit Judge. This case presents consolidated petitions for review by Chrisma Felin Mondzali Bopaka of the Republic of the Congo. Bopaka petitions for review of a final order of the Board of Immigration Appeals affirming the Immigration Judge's denials of his applications for asylum, withholding of removal ("WOR"), and protection under the Convention Against Torture ("CAT"). See 8 U.S.C. §§ 1158(b)(1)(A), 1231(b)(3)(A); 8 C.F.R. §§ 1208.16(c)(2), 1208.18(a)(1); see also Convention Against Torture, art. 3, Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988). He also petitions for review of the BIA's denials of his motions to remand and to reopen.

The IJ found Bopaka not to be credible based on numerous inconsistencies and key material omissions in his testimony, declaration, applications for relief, and the documentary evidence. The BIA found no error in the IJ's adverse credibility determination or in the IJ's finding that Bopaka's corroborating evidence was insufficient to meet his burden of proof for any of his claims.

Substantial evidence supports the IJ's and BIA's denials of asylum, WOR, and protection under the CAT. The BIA did not abuse its discretion in denying Bopaka's motions to remand and to reopen. We deny the petitions for review.

- 3 - I.

Bopaka entered the United States on or around August 23, 2018, without valid entry documents, and was served with a Notice to Appear charging him with removability. See 8 U.S.C. § 1182(a)(7)(A)(i)(I). On July 22, 2019, Bopaka conceded removability. He sought asylum and WOR, purportedly based on his political opinion and membership in the particular social group "direct family members of Mr. Sebastien Mondzali," and relief under the CAT, and submitted a declaration, sworn before the IJ, in support of his claims.

At the May 20, 2020 hearing before the IJ, Bopaka, represented by counsel and assisted by a Lingala language interpreter, was the sole witness to testify. The IJ found Bopaka's testimony to be not credible for multiple reasons described below.

"Considering the totality of the circumstances and all relevant factors," including "multiple inconsistencies" and "[k]ey omissions," the IJ found that Bopaka "did not testify credibly." The IJ further found that "[a]lthough [Bopaka] [had] submitted some documentary evidence in support of his claim, this evidence [wa]s insufficien