Faruk v. Garland ( 2021 )

Case: 19-60709 Document: 00515814417 Page: 1 Date Filed: 04/08/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 8, 2021
No. 19-60709 Lyle W. Cayce
Summary Calendar Clerk
MD Omar Faruk,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A201 341 947
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
MD Omar Faruk, a native and citizen of Bangladesh, requests we
review the negative credibility determination made against him in his
immigration proceedings. He argues the statements and testimony that the
*
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opinion should not be published and is not precedent except under the limited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: 19-60709 Document: 00515814417 Page: 2 Date Filed: 04/08/2021
No. 19-60709
Immigration Judge characterized as vague or inconsistent can be read as
credible.
We grant deference to an Immigration Judge’s credibility
determination as upheld by the Board of Immigration Appeals. Wang v.
Holder, 569 F. 3d 531, 536-38 (5th Cir. 2009). A credibility finding is proper
if based on “any inconsistency or omission . . . as long as the totality of the
circumstances” supports the finding. Id. at 538 (internal quotation marks
and citation omitted). Alternate explanations for statements at issue in
credibility findings do not necessarily compel us to make a finding. Avelar-
Oliva v. Barr, 954 F.3d 757, 768 (5th Cir. 2020)
In this case, the Immigration Judge cited to several vague statements
and inconsistencies. Reviewing the record, we are not compelled to find that
Faruk was credible.
DENIED.
2