Teouri v. Blanche
CourtCourt of Appeals for the Second Circuit
Date FiledNovember 3, 2026
Docket24-1035
StatusUnpublished
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Full Opinion
24-1035
Teouri v. Blanche
BIA
Gundlach, IJ
A220 756 403/404/405, A220 766 250
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.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 3 rd day of November, two thousand
twenty-six.
PRESENT:
RAYMOND J. LOHIER, JR.,
Chief Judge,
JON O. NEWMAN,
DEBRA ANN LIVINGSTON,
Circuit Judges.
_____________________________________
SALAMOUDINE TEOURI, ABIBATOU
BOURAIMA, B.T., A.T.,
Petitioners,
v. 24-1035
NAC
TODD BLANCHE, UNITED STATES
ATTORNEY GENERAL,
Respondent. *
_____________________________________
FOR PETITIONERS: Gary J. Yerman, Esq., New York, NY.
FOR RESPONDENT: Brian Boynton, Principal Deputy Assistant
Attorney General; Leslie McKay, Assistant
Director; Gerald M. Alexander, Trial
Attorney, Office of Immigration Litigation,
United States Department of Justice,
Washington, DC.
UPON DUE CONSIDERATION of this petition for review of a Board of
Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND
DECREED that the petition for review is DENIED.
Petitioners Salamoudine Teouri, Abibatou Bouraima, and two children, all
natives and citizens of Togo, seek review of a March 22, 2024 decision of the BIA
affirming, without opinion, an April 18, 2023 decision of an Immigration Judge
(“IJ”) denying asylum, withholding of removal, and relief under the Convention
Against Torture (“CAT”). In re Salamoudine Teouri, Nos. A 220 756 403/404/405,
A220 766 250 (B.I.A. Mar. 22, 2024), aff’g Nos. A 220 756 403/404/405, A220 766 250
(Immig. Ct. N.Y.C. Apr. 18, 2023). We assume the parties’ familiarity with the
* The Clerk of Court is directed to amend the caption as set forth above.
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underlying facts and procedural history.
Because the BIA affirmed the IJ’s decision without opinion, “we review the
IJ’s decision as the final agency determination.” Shunfu Li v. Mukasey, 529 F.3d
141, 146 (2d Cir. 2008). We review an adverse credibility determination “under
the substantial evidence standard.” Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d
Cir. 2018). “[T]he administrative findings of fact are conclusive unless any
reasonable adjudicator would be compelled to conclude to the contrary.”
8 U.S.C. § 1252(b)(4)(B).
“Considering the totality of the circumstances, and all relevant factors, a
trier of fact may base a credibility determination on . . . the consistency between
the applicant’s or witness’s written and oral statements (whenever made and
whether or not under oath, and considering the circumstances under which the
statements were made), the internal consistency of each such statement, the
consistency of such statements with other evidence of record . . . , and any
inaccuracies or falsehoods in such statements, without regard to whether an
inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim,
or any other relevant factor.” Id. § 1158(b)(1)(B)(iii). “We defer . . . to an IJ’s
credibility determination unless, from the totality of the circumstances, it is plain
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that no reasonable fact-finder could make such an adverse credibility ruling.”
Xiu Xia Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008); accord Hong Fei Gao, 891
F.3d at 76. We conclude that substantial evidence supports the adverse
credibility determination.
The IJ reasonably relied on inconsistencies concerning Bouraima’s fear of
female genital mutilation (“FGM”). Bouraima alleged that her father’s family
tried to subject her to FGM when she was 15 years old, but her written statement
and testimony conflicted as to who brought her home when this was discovered
and what happened afterward. She wrote that her mother and maternal aunt
discovered the plan, travelled to Sokode where she was staying with her paternal
aunt, and brought her home in a taxi, but she testified that her mother discovered
what happened, called her maternal grandmother in Sokode, and that her
grandmother brought her home in a car with several other passengers. Bouraima
also wrote that her paternal aunt subsequently beat her mother, threatened to kick
her mother out of her home, and called Bouraima at her maternal aunt’s home to
convince her to undergo FGM. But at the hearing, Bouraima denied that anyone
physically harmed her mother and stated she did not communicate with her
paternal aunt after moving. These inconsistencies are central to Bouraima’s claim
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as they go to whether there was an attempt to force her to undergo FGM. See Xian
Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289, 295 (2d Cir. 2006) (finding that “a
material inconsistency in an aspect of [petitioner’s] story that served as an example
of the very persecution from which [petitioner] sought asylum . . . afforded
substantial evidence to support the adverse credibility finding” (quotation marks
and citation omitted)).
The IJ also reasonably relied on inconsistencies about Teouri’s claim. He
alleged that he was arrested by the Togolese government in 2017 for his
membership in the National Pan-African Party and for participating in anti-
government protests. His testimony that he returned home after a week in
custody, lived there with Bouraima until the police came looking for him in 2020,
and then moved his family to his uncle’s house contradicted Bouraima’s
testimony, his uncle’s statement, and his own written statement that he moved to
his uncle’s house after his release in 2017. His explanation that he moved around
after his arrest does not resolve the inconsistency because Bouraima never
mentioned living in their prior home, staying with her family, or accompanying
him to temporary locations. See Majidi, 430 F.3d at 80. And the IJ reasonably
deemed this inconsistency material because the extent to which Teouri interacted
5
with authorities or was forced to hide goes to his risk of future persecution. See
Xiu Xia Lin, 534 F.3d at 167.
Moreover, Teouri testified that, when he fled to Benin in 2021, his three
children who remained in Togo were living with his sister. But when DHS
counsel pointed out that his and Bouraima’s written statements reflected that the
two eldest children were living with his uncle, he testified that he asked them to
move there while he was in Benin. The IJ was not required to accept this
explanation, particularly as Teouri did not clarify this point until confronted with
the inconsistency. See Majidi, 430 F.3d at 80. And the IJ reasonably relied on this
inconsistency. See Xiu Xia Lin, 534 F.3d at 167 (explaining that agency may rely
on “any inconsistency,” including those that “concern matters collateral or
ancillary to the claim” if “the totality of the circumstances” supports the adverse
credibility determination (quotation marks omitted)).
In sum, the multiple inconsistencies provide substantial evidence for the
adverse credibility determination. See id.; Likai Gao v. Barr, 968 F.3d 137, 145 n.8
(2d Cir. 2020) (“[E]ven a single inconsistency might preclude an alien from
showing that an IJ was compelled to find him credible. Multiple inconsistencies
would so preclude even more forcefully.”). The adverse credibility determination
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is dispositive of asylum, withholding of removal, and CAT relief, because all three
forms of relief rely on the same factual predicate. See Hong Fei Gao, 891 F.3d at 76.
For the foregoing reasons, the petition for review is DENIED. All pending
motions and applications are DENIED and stays VACATED.
FOR THE COURT:
Catherine O’Hagan Wolfe,
Clerk of Court
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