Yadegar v. Gonzales

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 22, 2005
Charles R. Fulbruge III
Clerk
No. 04-60671
Summary Calendar
MASOUD YADEGAR,
Petitioner,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 588 417
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Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.
PER CURIAM:*
Masoud Yadegar, a native and citizen of Iran, petitions for
review of an order of the Board of Immigration Appeals (BIA)
dismissing his appeal of the immigration judge’s (IJ) decision to
deny his applications for asylum, withholding of removal, and
protection under the Convention Against Torture (CAT). The
petition is DENIED.
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 CIR. R. 47.5.4.
No. 04-60671
-2-
The BIA’s order dismissing Yadegar’s appeal expressly
adopted and affirmed the IJ’s finding that Yadegar was not a
credible witness. Although our review ordinarily is limited to
the BIA’s decision, when the BIA adopts the decision of the IJ,
this court may review the IJ’s decision. See Mikhael v. INS,
115 F.3d 299, 302 (5th Cir. 1997). Because the BIA adopted the
IJ’s credibility finding without stating additional reasons, we
review the IJ’s decision.
The IJ must determine the credibility of witnesses. Chun v.
INS, 40 F.3d 76, 78 (5th Cir. 1994). This court does not
substitute its judgment for that of the IJ or BIA with respect to
witness credibility and the ultimate factual findings based on
credibility determinations. Chun, 40 F.3d at 78. When a finding
regarding credibility is based on “a reasonable interpretation of
the record and therefore supported by substantial evidence,” it
will be upheld. Id. at 79. “[A] credibility determination may
not be overturned unless the record compels it.” Lopez De Jesus
v. INS, 312 F.3d 155, 161 (5th Cir. 2002) (citing Chun, 40 F.3d
at 78)).
In addition to arguing the merits of his claims for asylum,
withholding of removal, and protection under the CAT, Yadegar
challenges the IJ’s finding that he was not a credible witness.
The IJ’s credibility finding is amply supported by the record.
See Chun, 40 F.3d at 79. The record thus does not compel a
credibility determination contrary to that of the IJ. See Lopez
No. 04-60671
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De Jesus, 312 F.3d at 161. Because the credibility determination
is supported by substantial evidence, Yadegar’s petition for
review of the BIA’s order is DENIED.