eLaws | Code of Federal Regulations | United States Code |
 All Courts
 Federal Courts
 US Court of Appeals Cases
 Court of Appeals for the Fifth Circuit
 2022-11

Reyes v. Garland ( 2022 )


Menu:
 
  • Case: 21-60926     Document: 00516542325         Page: 1     Date Filed: 11/11/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 21-60926
Summary Calendar                             FILED
November 11, 2022
Lyle W. Cayce
Angel Gabriel Reyes,                                                      Clerk
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A087 895 515
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam:*
Angel Gabriel Reyes, a native and citizen of Honduras, petitions us for
review of a decision of the Board of Immigration Appeals upholding the
Immigration Judge’s denial of his withholding of removal claims.
*
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opinion should not be published and is not precedent except under the limited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.
Case: 21-60926     Document: 00516542325           Page: 2   Date Filed: 11/11/2022
No. 21-60926
On petition for review of a Board decision, this court reviews factual
findings for substantial evidence and questions of law de novo. Lopez-Gomez
v. Ashcroft,
    263 F.3d 442
    , 444 (5th Cir. 2001). The substantial-evidence
standard applies to review of decisions denying withholding of removal.
Zhang v. Gonzales,
    432 F.3d 339
    , 344 (5th Cir. 2005). This standard requires
that the Board’s conclusion be based on the evidence presented and that its
decision be substantially reasonable.
    Id.
     Under this standard, reversal is
improper unless the evidence compels a contrary conclusion. Carbajal-
Gonzalez v. INS,
    78 F.3d 194
    , 197 (5th Cir. 1996). When the Board adopts
the Immigration Judge’s decision without assigning reasons, as it did here,
this court reviews the Immigration Judge’s decision. Zhu v. Gonzales,
    493 F.3d 588
    , 593 (5th Cir. 2007).
We are not compelled to find that Reyes should have been found
credible.   The Immigration Judge’s finding that the initial application
contained essentially a different claim than the supplemental application is
supported by the record. See Morales v. Sessions,
    860 F.3d 812
    , 817 (5th Cir.
2017). The credibility finding is dispositive of the claim so analysis of the
findings on corroborative evidence is unnecessary. INS v. Bagamasbad,
    429 U.S. 24
    , 25-26 (1976).
DENIED.
2