Case Information
*1 Case: 20-60324 Document: 00516051123 Page: 1 Date Filed: 10/12/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 12, 2021 No. 20-60324 Lyle W. Cayce Summary Calendar Clerk Johandrys Diaz Pacheco,
Petitioner , versus
Merrick Garland, U.S. Attorney General ,
Respondent . Petition for Review of an Order of the Board of Immigration Appeals BIA No. A201 786 672 Before Jolly, Willett, and Engelhardt, Circuit Judges .
Per Curiam: *
Johandrys Diaz Pacheco, a native and citizen of Cuba, petitions for review of a decision of the Board of Immigration Appeals (BIA). The immigration judge (IJ) denied his applications for asylum, withholding of removal, and protection under the convention against torture (CAT) based *2 Case: 20-60324 Document: 00516051123 Page: 2 Date Filed: 10/12/2021
No. 20-60324 on an adverse credibility finding. The BIA upheld the credibility finding and found that he had failed to meet the burden of proof for asylum and withholding of removal. The BIA also found that Diaz Pacheco had waived any challenge to denial of relief under the CAT by failing to brief the issue.
On appeal, Diaz Pacheco argues that the adverse credibility finding was not supported by substantial evidence. We generally review only decisions of the BIA. Zhu v. Gonzales , 493 F.3d 588, 593 (5th Cir. 2007). However, when the IJ’s ruling affects the BIA’s decision, as it does here, we review the decisions of both the BIA and the IJ. Id. Factual findings are reviewed for substantial evidence, and constitutional claims and questions of law are reviewed de novo. Fuentes-Pena v. Barr , 917 F.3d 827, 829 (5th Cir. 2019); Orellana–Monson v. Holder , 685 F.3d 511, 518 (5th Cir. 2012).
Although Diaz Pacheco suggests possible explanations for the negative credibility factors, the record does not compel the conclusion that he should have been found credible. Mwembie v. Gonzales , 443 F.3d 405, 410 (5th Cir. 2006). The inconsistencies listed by the IJ are accurate reflections of the record. His explanations for the inconsistencies are not more compelling than the IJ’s conclusions. Morales v. Sessions , 860 F.3d 812, 817 (5th Cir. 2017).
The petition for review is DENIED .
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.