Case: 21-60939 Document: 00516653246 Page: 1 Date Filed: 02/23/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-60939 Summary Calendar FILED February 23, 2023 Lyle W. Cayce Sudhir Oli, Clerk Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A216 264 704 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* Sudhir Oli, a native and citizen of Nepal, petitions this court for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from an order of the Immigration Judge (IJ) finding him not credible and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We review for substantial * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-60939 Document: 00516653246 Page: 2 Date Filed: 02/23/2023 No. 21-60939 evidence and will not disturb the BIA’s conclusions unless the evidence compels a contrary conclusion. Singh v. Sessions, 880 F.3d 220, 224-25 (5th Cir. 2018). As the BIA explained, there were inconsistencies between Oli’s statement to the asylum officer during his credible fear interview (CFI) and his hearing testimony. The inconsistencies were a sufficient basis for the contested credibility determination. See Arulnanthy v. Garland, 17 F.4th 586, 593 (5th Cir. 2021); Avelar-Oliva v. Barr, 954 F.3d 757, 767 (5th Cir. 2020); 8 U.S.C. § 1158(b)(1)(B)(ii). Insofar as Oli insists that the IJ’s rejection of his CAT claim necessarily incorporated the adverse credibility determination, the record shows that he is wrong. See Arulnanthy, 17 F.4th at 597-98. The petition for review is DENIED. 2 21-60939 Court of Appeals for the Fifth Circuit ca5 5th Cir. Oli v. Garland 27 February 2023 Immigration Unpublished 770efa94feaf693ee6d8143c52bb785c24a3dde2
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals