Soriano-Benavides v. Garland

Case: 20-60384 Document: 00516097686 Page: 1 Date Filed: 11/17/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
November 17, 2021
No. 20-60384
Summary Calendar Lyle W. Cayce
Clerk
Reyna Del Carmen Soriano-Benavides; Oscar Ernesto
Landaverde-Soriano; Henry Mauricio Landaverde-
Soriano,
Petitioners,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A206 894 943
BIA No. A206 894 944
BIA No. A206 894 945
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
*
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opinion should not be published and is not precedent except under the limited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: 20-60384 Document: 00516097686 Page: 2 Date Filed: 11/17/2021
No. 20-60384
Reyna Del Carmen Soriano-Benavides, a native and citizen of
El Salvador, petitions us for review of a decision of the BIA, on behalf of
herself and her two sons. Soriano-Benavides applied for asylum,
withholding, and relief under the Convention Against Torture and testified
that her family feared harm from gang threats and extortion. The
Immigration Judge found that she was not credible and that she did not
submit reasonably available corroborating evidence. Alternatively, the
Immigration Judge held that the claims failed on the merits. The Board of
Immigration Appeals affirmed the findings of the Immigration Judge, but
declined to address the credibility finding.
Soriano-Benavides argues that the Board assumed that corroborating
evidence was reasonably available. She also argues that the focus on
corroboration was inappropriate and that the Board should have addressed
the adverse credibility finding. Finally, she argues that she has proven the
elements of her asylum claim.
We review decisions of the Board with substantial deference,
upholding decisions that are substantially reasonable. Zhang v. Gonzales, 432
F.3d 339, 344 (5th Cir. 2005). 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).
We hold that Soriano-Benavides failed to provide sufficient
corroborating evidence. The law of this circuit is that applicants have the
burden of introducing sufficient corroborating evidence, without receiving
requests from the Immigration Judge. Rui Yang v. Holder, 664 F.3d 580, 586
(5th Cir. 2011). Soriano-Benavides offers no argument that she could not
have submitted corroborating evidence. Analysis of the credibility finding is
unnecessary because lack of corroborating evidence is dispositive. Avelar-
Oliva v. Barr, 954 F.3d 757, 769–72 (5th Cir. 2020). Similarly, analysis of the
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No. 20-60384
merits of Soriano-Benavides’ claims for relief is unnecessary to resolve this
case. See INS v. Bagamasbad, 429 U.S. 24, 25–26 (1976).
DENIED.
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