Nikolay Kolov v. Merrick B. Garland

Summary

The Sixth Circuit denied a petition for review of the BIA’s denial of withholding of removal and CAT protection, upholding an adverse credibility finding based on the petitioner’s omission of two incidents of persecution from his reasonable fear interview and written application, which the court found supported under the REAL ID Act’s totality-of-circumstances standard. The court held that it had jurisdiction over the withholding-only proceedings under circuit precedent, treating the BIA’s denial as a reviewable final order of removal, despite potential conflicts with *Nasrallah v. Barr* and *Johnson v. Guzman Chavez*. Key topics: adverse credibility, omission of material incidents, withholding of removal, CAT protection, jurisdiction over reinstated removal orders, and the substantial evidence standard of review.

Questions Presented

1. Whether the BIA erred in affirming the IJ's adverse credibility determination based on omissions that did not directly contradict later testimony.
2. Whether the court has jurisdiction over the petition for review of the BIA's denial of withholding-only relief following a reinstated removal order.