Case: 18-60111 Document: 00515053910 Page: 1 Date Filed: 07/29/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60111 FILED Summary Calendar July 29, 2019 Lyle W. Cayce Clerk PASANG SHERPA, Petitioner v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent Petitions for Review of an Order of the Board of Immigration Appeals BIA No. A209 874 650 Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges. PER CURIAM: * Pasang Sherpa, a native and citizen of Nepal, petitions this court to review the dismissal of his appeal from the Board of Immigration Appeal’s (“BIA”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). He also petitioned the court to review the BIA’s denial of his motion to reopen the proceedings. We DENY the two petitions for review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 18-60111 Document: 00515053910 Page: 2 Date Filed: 07/29/2019 No. 18-60111 FACTUAL AND PROCEDURAL BACKGROUND Sherpa entered the United States without authorization in March 2017. The next month, he received a notice to appear. The government sought his removal as an alien who had entered the country without valid documents. Thereafter, Sherpa conceded removability but filed an asylum application claiming he would be tortured if he were returned to his native Nepal. At a hearing before an immigration judge (“IJ”) in Louisiana in August 2017, in which he was represented by counsel, Sherpa testified that in Nepal he had supported the Congress Party. He had been persecuted for this political stance by Maoists and had a well-founded fear of renewed persecution if he returned. The IJ found Sherpa not to be credible due to statements that were inconsistent with his asylum application and other statements that were implausible. The IJ denied his application for relief at the end of the hearing, then later issued an oral explanation. Sherpa appealed. On January 19, 2018, the BIA dismissed Sherpa’s appeal. It held as to the request for asylum that the IJ had validly relied on inconsistencies in Sherpa’s testimony to conclude he was not credible as to his supposed persecution. In addition, part of Sherpa’s chronology of events in Nepal was implausible. Regarding the request for relief under the Convention Against Torture, the BIA agreed with the IJ that Sherpa had not carried his burden to show it to be more likely than not that he would be tortured if he returned to Nepal. There too, the IJ had found Sherpa not credible. Sherpa filed a petition for review with this court but also filed a timely motion to reopen at the BIA. A second decision was entered by the BIA on May 23, 2018, denying the motion. Sherpa then filed a second petition for review. 2 Case: 18-60111 Document: 00515053910 Page: 3 Date Filed: 07/29/2019 No. 18-60111 ...
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