Kiala Lukombo v. Jeff Sessions, 687 F. App'x 458

Kiala Lukombo (Angolan national), his wife Manzani, and two minor children entered the U.S. in Jan 2012 as visitors and remained beyond authorized stay; they conceded removability.
In Dec 2012 Lukombo applied for asylum, withholding of removal, and CAT protection claiming targeted persecution in Angola (as a refugee to DRC and opposition-affiliated youth protester); family sought derivative relief.
Testimony described three alleged incidents in Angola (Aug 2010 home invasion with beatings and rape of wife causing miscarriage; Nov 2010 passport seizure and beating; Sept 2011 arrest after a protest). Some documentary and medical evidence was submitted but had inconsistencies/legibility issues.
The IJ found the asylum application frivolous and Lukombo and his wife not credible, denied relief, and ordered removal; the BIA reversed the frivolous finding but affirmed the adverse credibility finding and denial of relief.
The family’s motions to reopen/reconsider and challenges to the BIA’s post-remand consideration were denied; this petition for review followed and the Sixth Circuit reviewed the BIA/IJ adverse credibility determination for substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether BIA violated remand order or due process by considering wrong decision	Lukombo: BIA considered motion-denial record instead of the IJ credibility ruling; process was unfair	Gov: BIA considered the entire record and properly addressed credibility and the motion	Denied — BIA considered whole record and did not violate remand or due process
Whether the BIA improperly considered credibility of documents submitted with motion to reopen	Lukombo: New documents were improperly used against credibility	Gov: BIA has discretion to assess document reliability on reopening	Denied — court lacks jurisdiction to review motion-to-reopen denial on this petition; BIA discretion upheld
Whether IJ/BIA erred in adverse credibility finding (basis for denying asylum/withholding/CAT)	Lukombo: Testimony and corroborating evidence (doctor, counselor, cousin, medical records) establish credibility and harm	Gov: Testimony conflicted with witness testimony, medical records, and contained implausibilities; corroboration unreliable	Denied — substantial evidence supports adverse credibility; relief denied
Whether IJ’s conduct denied due process or showed bias	Lukombo: IJ’s warnings and questioning show bias and prevented fair presentation	Gov: IJ gave continuances and opportunities to present evidence; procedures were fair	Denied — no fundamental unfairness; continuances and BIA review preclude bias finding

Mohamed v. Holder, [citation="542 F. App'x 446"] (6th Cir. 2013) (BIA has broad discretion to assess document credibility on motions to reopen)
Prekaj v. INS, 384 F.3d 265 (6th Cir. 2004) (jurisdictional limits on review of BIA motions-to-reopen denials)
Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (review focuses on BIA opinion when it issues a separate decision)
Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016) (IJ conclusions adopted by the BIA are proper foci of review)
Hachem v. Holder, 656 F.3d 430 (6th Cir. 2011) (standard of substantial-evidence review of adverse credibility)
Slyusar v. Holder, 740 F.3d 1068 (6th Cir. 2014) (adverse credibility determination is dispositive of asylum, withholding, and CAT claims)
Zhao v. Holder, 569 F.3d 238 (6th Cir. 2009) (corroboration and credibility standards in asylum proceedings)
Huicochea-Gomez v. INS, 237 F.3d 696 (6th Cir. 2001) (Fifth Amendment due-process protections in removal proceedings)
Hassan v. Gonzales, 403 F.3d 429 (6th Cir. 2005) (standard for showing proceedings were fundamentally unfair)
Ladha v. INS, 215 F.3d 889 (9th Cir. 2000) (quoted standard on fundamental unfairness and opportunity to present a case)