Case: 19-12985 Date Filed: 04/08/2020 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12985 Non-Argument Calendar ________________________ Agency No. A206-916-769 BENARD I. NDUKWU, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 8, 2020) Before JORDAN, NEWSOM and MARCUS, Circuit Judges. PER CURIAM: Benard Ndukwu, a native and citizen of Nigeria, petitions for review the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum pursuant to the Immigration and Case: 19-12985 Date Filed: 04/08/2020 Page: 2 of 7 Nationality Act (“INA”), 8 U.S.C. § 1158(a). On appeal, Ndukwu argues that substantial evidence does not support the BIA’s determination that he failed to prove his membership in a cognizable particular social group. After careful review, we deny the petition. 1 We review only the decision of the BIA, except to the extent that the BIA expressly adopts or explicitly agrees with the IJ’s opinion. Tang v. U.S. Att’y Gen., 578 F.3d 1270, 1275 (11th Cir. 2009). Findings of the IJ that are not reached by the BIA are not properly before this Court. Gonzalez v. U.S. Att’y Gen., 820 F.3d 399, 403 (11th Cir. 2016). Factual findings are reviewed under the highly deferential substantial evidence test. Silva v. U.S. Att’y Gen., 448 F.3d 1229, 1236 (11th Cir. 2006). We must affirm the decision “if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Silva, 448 F.3d at 1236 (quotations omitted). We view the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision. Id. Thus, an IJ’s decision can only be reversed if “the evidence compels a reasonable fact finder to find otherwise.” Chen v U.S. Att’y Gen., 463 F.3d 1228, 1231 (11th Cir. 2006) 1 Ndukwu also alleged that he was persecuted based on his religion and political opinion, which the IJ rejected. In addition to asylum, Ndukwu sought withholding of removal and CAT relief, which were also denied by the IJ. Because he does not challenge those decisions now on appeal, we do not discuss them. Cole v. U.S. Att’y Gen., 712 F.3d 517, 530 (11th Cir. 2013). 2 Case: 19-12985 Date Filed: 04/08/2020 Page: 3 of 7 (quotations omitted). Indeed, just because the record may support a conclusion contrary to the IJ’s decision, it may still not be enough to justify a reversal of the administrative findings. Silva, 448 F.3d at 1236. The Attorney General may grant asylum to an alien who meets the INA’s definition of a “refugee.” 8 U.S.C. § 1158(b)(1)(A). A refugee is defined as: any person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because ...
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