Unreported / Non-Citable
Background
Thierno Diabaye, a native and citizen of Senegal, applied for asylum and withholding of removal. An immigration judge denied his application.
The Board of Immigration Appeals dismissed Diabaye’s appeal. He then petitioned the Fifth Circuit for review, arguing that the agency’s adverse credibility determination rested on factual findings unsupported by the record.
The Court’s Holding
The Fifth Circuit denied the petition for review. Applying the deferential substantial-evidence standard, the court held that Diabaye failed to show that the record compelled a conclusion contrary to the agency’s determination that he was not a credible witness.
Because the adverse credibility determination was dispositive of Diabaye’s application for asylum and withholding of removal, the court declined to consider his remaining challenges to the denial of relief.
Key Takeaways
- A petitioner challenging an adverse credibility finding must show that the evidence compels a contrary conclusion.
- The Fifth Circuit concluded that Diabaye did not satisfy that demanding standard.
- Because the credibility ruling disposed of both requested forms of relief, the court did not reach Diabaye’s other arguments.
Why It Matters
The decision underscores how difficult it is to overturn an immigration agency’s adverse credibility determination on substantial-evidence review. When an applicant’s claims depend on testimony the agency finds not credible, that finding may resolve asylum and withholding claims without appellate consideration of additional challenges.