Case: 19-60638 Document: 00515738444 Page: 1 Date Filed: 02/09/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 9, 2021 No. 19-60638 Lyle W. Cayce Summary Calendar Clerk Yeasin Arafat, Petitioner, versus Robert M. Wilkinson, Acting U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A215 770 660 Before Barksdale, Southwick, and Oldham, Circuit Judges. Per Curiam:* Yeasin Arafat, a native and citizen of Bangladesh, petitions for review of the Board of Immigrations Appeals’ (BIA) affirmance of the Immigration Judge’s (IJ) denial of: his application for asylum; withholding of removal; and relief under the Convention Against Torture (CAT). His claims arise * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-60638 Document: 00515738444 Page: 2 Date Filed: 02/09/2021 No. 19-60638 out of his alleged membership and activities in a political party in Bangladesh. Arafat asserts the BIA erred in: affirming the IJ’s adverse credibility determination; finding Arafat did not show a well-founded fear of future persecution; and finding he did not show it was more likely than not he would be tortured if removed to Bangladesh. “Because the BIA issued its own opinion and elaborated on its own reasoning, this court will confine its review to the BIA opinion and will not review the underlying IJ decision.” Ghotra v. Whitaker, 912 F.3d 284, 287 (5th Cir. 2019) (internal quotation marks and citation omitted). Findings of fact, including asylum eligibility, are reviewed for substantial evidence, which requires the decision be: based on the evidence presented; and substantially reasonable. Sharma v. Holder, 729 F.3d 407, 411 (5th Cir. 2013). The BIA’s finding is conclusive under that standard unless the record compels a contrary finding. 8 U.S.C. § 1252(b)(4)(B). Credibility determinations are factual findings, also reviewed for substantial evidence. See Wang v. Holder, 569 F.3d 531, 538–39 (5th Cir. 2009). We defer to a “credibility determination unless, from the totality of the circumstances, it is plain that no reasonable fact-finder could make such an adverse credibility ruling”. Singh v. Sessions, 880 F.3d 220, 225 (5th Cir. 2018) (internal quotation marks and citation omitted). The BIA ruled the IJ’s adverse credibility finding was supported by substantial evidence, citing Arafat’s obtaining his passport after he was in custody, and inconsistencies in medical documents and testimony. See id. (“An IJ may rely on any inconsistency . . . in making an adverse credibility determination”). In view of those inconsistencies, Arafat has failed to show the evidence was so compelling that “no reasonable fact-finder could make such an adverse credibility ruling”. Id. We lack jurisdiction to consider Arafat’s unexhausted claim he was not required to appear in person to obtain a re-issued passport. See Omari v. Holder, 562 F.3d 314, 319 (5th Cir. 2009) (holding failure to raise 2 Case: 19-60638 Document: 00515738444 ...
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