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 Summary Calendar Lyle W. Cayce 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against torture (CAT) based * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-60324 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 20-60324 Court of Appeals for the Fifth Circuit ca5 5th Cir. Diaz Pacheco v. Garland 12 October 2021 Immigration Unpublished 27cd2b3128f893e40ad6292e458b2a5ac46332bb
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