Case: 16-60661 Document: 00514408043 Page: 1 Date Filed: 03/29/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-60661 FILED
Summary Calendar
March 29, 2018
Lyle W. Cayce
Clerk
EHAB MOUNIR FARAG; MARTHA ADEL NAGIEB WASIELY,
Petitioners
v.
JEFFERSON B. SESSIONS, III, U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 680 390
BIA No. A205 680 391
Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Ehab Mounir Farag and Martha Adel Nagieb Wasiely, natives and
citizens of Egypt, petition this court for review of the decision of the Board of
Immigration Appeals (“BIA”) dismissing Farag’s appeal from the decision of
the Immigration Judge (“IJ”) denying Farag’s applications for asylum,
withholding of removal, and Convention Against Torture (“CAT”) relief. Farag
contends that the IJ’s and BIA’s adverse credibility determination was not
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-60661 Document: 00514408043 Page: 2 Date Filed: 03/29/2018
No. 16-60661
supported by substantial evidence, and he corroborated his credible testimony
with sufficient documentary evidence.
Where, as here, the BIA approved of and relied upon the IJ’s decision, in
addition to providing its own review of the evidence and the law, our court has
authority to review both the BIA’s and IJ’s decisions. Wang v. Holder, 569 F.3d
531, 536 (5th Cir. 2009). We review factual findings, including credibility
determinations, for substantial evidence. Id. Under this highly deferential
standard, our court will not reach a different result unless “the evidence [is] so
compelling that no reasonable factfinder could conclude against it.” Id. at 537.
The IJ’s and BIA’s adverse credibility determinations were based on
specific inconsistencies and discrepancies among Farag’s testimony, his
application for relief from removal, and his affidavits. Id. at 539–40. Farag’s
attempt to merely explain away a few of the inconsistencies noted by the IJ
and BIA is unavailing. The adverse credibility determinations are
substantially reasonable and supported by the record. See id. Because Farag
has not shown that, under the totality of the circumstances, the evidence is so
compelling that no reasonable factfinder could fail to find him credible, we
defer to the IJ’s and BIA’s adverse credibility determinations. Id. at 538–39.
In the light of the adverse credibility determinations, Farag has not shown that
the BIA erred in affirming the IJ’s denial of his requested relief from removal.
See Dayo v. Holder, 687 F.3d 653, 657–59 (5th Cir. 2012).
Accordingly, Farag’s and Wasiely’s petition for review is DENIED.
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