[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
U.S. COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ELEVENTH CIRCUIT
________________________ JANUARY 16, 2009
THOMAS K. KAHN
No. 08-12884 CLERK
Non-Argument Calendar
________________________
Agency No. A98-730-586
SILVER JACKSON LHERISSON,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(January 16, 2009)
Before TJOFLAT, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Silver Jackson Lherisson, a citizen and national of Haiti, seeks review of the
Board of Immigration Appeal’s (“BIA”) final order affirming the Immigration
Judge’s (“IJ”) denial of his application for asylum, withholding of removal under
the Immigration and Nationality Act (“INA”), and relief under the United Nations
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (“CAT”). On appeal, Lherisson argues that: (1) the IJ and BIA erred
in finding he failed to meet his burden for asylum, withholding of removal, and
CAT relief, and (2) the BIA erred in finding that, because he was ineligible for
asylum, it necessarily followed that he was likewise ineligible for withholding of
removal or CAT relief. After careful review, we affirm.
We review only the BIA’s decision in this case, as the BIA did not
expressly adopt the IJ’s decision. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th
Cir. 2001). We review the BIA’s factual determinations under the highly
deferential substantial evidence test. Forgue v. U.S. Att’y Gen., 401 F.3d 1282,
1286 (11th Cir. 2005) (internal quotations and citations omitted). We must “affirm
the BIA’s decision if it is supported by reasonable, substantial, and probative
evidence on the record considered as a whole.” Al Najjar, 257 F.3d at 1284
(internal quotations omitted). Under this test, 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.” Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir. 2004)
(en banc). Accordingly, “[t]o conclude the BIA’s decision should be reversed, we
must find that the record not only supports the conclusion, but compels it.” Ruiz v.
2
Gonzales, 479 F.3d 762, 765 (11th Cir. 2007) (internal quotations omitted).
Credibility determinations, like other factual findings, are also reviewed
under the substantial evidence test. Forgue, 401 F.3d at 1286. “[T]he trier of fact
must determine credibility, and [we] may not substitute [our] judgment for that of
the [BIA] with respect to credibility findings.” Id. (internal quotations omitted).
“The asylum applicant must establish eligibility for asylum by offering credible,
direct, and specific evidence in the record.” Id. at 1287 (internal quotations
omitted). Credible testimony of the applicant alone may be sufficient to establish
these factors. Id. However, “[t]he weaker an applicant’s testimony . . . the greater
the need for corroborative evidence.” Yang v. U.S. Att’y Gen., 418 F.3d 1198,
1201 (11th Cir. 2005). If the applicant introduces other evidence of persecution,
the BIA must consider that evidence, “and it is not sufficient for the [BIA] to rely
solely on an adverse credibility determination in those instances.” Forgue, 401
F.3d at 1287.
Significantly, “an adverse credibility determination alone may be sufficient
to support the denial of an asylum application.” Id. “[T]he [BIA] must offer
specific, cogent reasons for an adverse credibility finding. Once an adverse
credibility finding is made, the burden is on the applicant alien to show that the
[BIA’s] credibility decision was not supported by specific, cogent reasons or was
not based on substantial evidence.” Id. (internal quotations and citations omitted).
3
Indications of reliable testimony include consistency on direct examination,
consistency with the written application, and the absence of embellishments. See
In re B-, 21 I & N Dec. 66, 70 (BIA 1995).
Upon review of the record and the parties’ briefs, we discern no reversible
error. Substantial evidence supported the BIA’s finding that Lherisson was not
eligible for asylum because his testimony was not credible. Specifically, the BIA
noted that his testimony at the hearing was inconsistent with his asylum interview,
and inconsistent with his application for relief from removal. Given that the BIA
offered specific, cogent reasons for its adverse credibility finding, supported by
substantial evidence, the BIA did not err in finding Lherisson incredible. The
record does not compel a contrary finding. Accordingly, because Lherisson has
failed to meet his burden of proof, we affirm the BIA’s denial of Lherisson’s
application for asylum, withholding for removal, and CAT relief.1
AFFIRMED.
1
Where a petitioner is unable to meet his burden of proof to establish eligibility for
asylum, it follows that he is also unable to meet the higher burden of qualifying for withholding
of removal or CAT relief. See Al Najjar, 257 F.3d at 1292-93, 1303-04.
4