Chhun v. Garland

Case: 21-60763 Document: 00516695917 Page: 1 Date Filed: 03/31/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-60763 FILED Summary Calendar March 31, 2023 Lyle W. Cayce Clerk Channy Chhun, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A216 855 963 Before Richman, Chief Judge, Stewart, and Willett, Circuit Judges. Per Curiam:* Channy Chhun, a native and citizen of Cambodia, petitions for review of a decision of the Board of Immigration Appeals (BIA) dismissing his appeal from a decision of the Immigration Judge (IJ) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because his numerous due process issues were not * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-60763 Document: 00516695917 Page: 2 Date Filed: 03/31/2023 No. 21-60763 raised before the Board of Immigration Appeals (BIA), we lack jurisdiction to consider them. See Roy v. Ashcroft, 389 F.3d 132, 137 (5th Cir. 2004) (per curiam); see also Martinez-Guevara v. Garland, 27 F.4th 353, 360 (5th Cir. 2022). We review the BIA’s decision for substantial evidence. See Cardona- Franco v. Garland, 35 F.4th 359, 363 (5th Cir. 2022); Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 2005). We consider the BIA’s decision only insofar as it influenced that of the IJ. See Singh v. Sessions, 880 F.3d 220, 224 (5th Cir. 2018). The BIA’s adverse credibility determination is supported by “specific and cogent reasons derived from the record,” Zhang, 432 F.3d at 344 (citations omitted), and consideration of the record as a whole does not show that “no reasonable fact-finder” could make such a determination, Singh, 880 F.3d at 225 (citation omitted); see also id. at 224. Additionally, the record does not compel a contrary conclusion to that of the BIA on the issue whether Chhun failed to demonstrate that he more likely than not would be tortured if repatriated. See Zhang, 432 F.3d at 344; Ramirez-Mejia v. Lynch, 794 F.3d 485, 493 (5th Cir. 2015). The petition for review is DENIED in part and DISMISSED in part for want of jurisdiction. 2 21-60763 Court of Appeals for the Fifth Circuit ca5 5th Cir. Chhun v. Garland 31 March 2023 Immigration Unpublished a853f6a14c6d20a04d8f1551622fc5214d2ca253

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