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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 17-14868
Non-Argument Calendar
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Agency No. A208-445-953
PARAG PATEL,
a.k.a. Parag Lamba,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(July 13, 2018)
Before TJOFLAT, MARTIN, and JILL PRYOR, Circuit Judges.
PER CURIAM:
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Parag Patel 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, and relief under the Convention Against Torture
(“CAT”). On appeal, Patel argues that the denial of his application based on an
adverse-credibility determination and lack of corroborating evidence was not
supported by substantial evidence, as his testimony showed that he had a well-
founded fear of future persecution.
On appeal, we review only the decision of the BIA, unless the BIA adopts
the IJ’s decision. Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir. 2001).
Additionally, where the BIA agrees expressly with the reasoning of the IJ’s
decision, we can review both decisions to the extent of the agreement. See
Rodriguez v. U.S. Att’y Gen., 735 F.3d 1302, 1308 (11th Cir. 2013).
The Attorney General has the authority to grant asylum to an alien who
meets the INA’s definition of “refugee.” INA § 208(b)(1)(A), 8 U.S.C.
§ 1158(b)(1)(A). A refugee is
any person who is outside any country of such person’s nationality . . .
and who is unable or unwilling to return to, and is unable or unwilling
to avail him or herself of the protection of, that country because of
persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion.
INA § 101(a)(42)(A), 8 U.S.C. § 1101(a)(42)(A). The applicant bears the burden
of proving that he is a refugee. INA § 208(b)(1)(B)(i), 8 U.S.C.
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§ 1158(b)(1)(B)(i). The applicant must present specific and credible evidence
demonstrating that he (1) was persecuted in the past based on one of the protected
grounds or (2) has a well-founded fear that he will be persecuted in the future
based on one of the protected grounds. Ruiz, 440 F.3d at 1257. “The testimony of
the applicant may be sufficient to sustain the applicant’s burden without
corroboration, but only if the applicant satisfies the trier of fact that the applicant’s
testimony is credible, is persuasive, and refers to specific facts sufficient to
demonstrate that the applicant is a refugee.” INA § 208(b)(1)(B)(ii), 8 U.S.C.
§ 1158(b)(1)(B)(ii).
To establish eligibility for withholding of removal under the INA, the
applicant must demonstrate that, if he were removed, his life or freedom would be
threatened because of his race, religion, nationality, membership in a particular
social group, or political opinion. Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226,
1232 (11th Cir. 2005). The standard for withholding of removal is “more
stringent” than the standard for asylum. Id. The applicant must show that it is
more likely than not that he will be persecuted or tortured upon returning to his
country. Id.
Under CAT, the applicant for relief bears the burden of proving that it is
“more likely than not that [he] would be tortured if removed to the proposed
country of removal.” 8 C.F.R. § 208.16(c). A failure to establish eligibility for
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asylum necessitates a failure to meet the higher standards for withholding of
removal or protection under CAT. Najjar, 257 F.3d at 1292–93.
We review factual determinations, which include credibility determinations,
under the substantial-evidence test. Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1254–
55 (11th Cir. 2006). We must affirm the decision if it is supported by reasonable,
substantial, and probative evidence on the record considered as a whole. Id. We
will view the record in the light most favorable to the agency’s decision and draw
all reasonable inferences in favor of that decision. Id. at 1255. Accordingly, in
order to conclude that a finding of fact should be reversed, we must determine that
the record compels reversal. Id. When the IJ makes an adverse credibility finding,
the applicant must demonstrate that the decision was not supported by “specific,
cogent reasons” or was not based on substantial evidence. Id. (quotation omitted).
An adverse credibility determination standing alone is sufficient to support
the denial of an asylum application when there is no other evidence of persecution.
Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1287 (11th Cir. 2005). However, if the
applicant produces other evidence of persecution, the IJ must consider that
evidence and may not rely solely on the adverse credibility determination. Id.
Here, the BIA agreed with much of the IJ’s reasoning, so we review both the
BIA and the IJ’s decisions to the extent of the agreement. See Rodriguez, 735 F.3d
at 1308.
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Substantial evidence supports the finding that Patel was not credible, and the
BIA and IJ gave “specific, cogent reasons” for the adverse credibility
determination. Forgue, 401 F.3d at 1286; INA § 208(b)(1)(B)(iii), 8 U.S.C.
§ 1158(b)(1)(B)(iii). The BIA and IJ noted the inconsistencies between Patel’s
oral testimony, his written declaration, and his statements during his credible fear
interview. First, as to the February 14, 2011 incident, Patel at various points stated
that he was both pushed and threatened, only punched, or merely threatened by
members of the Bharatiya Janata Party (“BJP”). Further, during his direct
examination at the removal hearing, he failed to mention the August 2, 2011
incident that he had described in his written declaration. See Forgue, 401 F.3d at
1287. Finally, in his declaration, Patel stated that he stayed with his sister for six
weeks, but during his direct examination, he testified that he stayed with her for six
days. The BIA and IJ were not required to accept Patel’s explanation that this
particular inconsistency was due to differences in the Gujarati and Gregorian
calendars. Chen, 463 F.3d at 1233. Overall, these inconsistencies support the
BIA and IJ’s conclusion that Patel was not credible. INA § 208(b)(1)(B)(iii), 8
U.S.C. § 1158(b)(1)(B)(iii). Moreover, because Patel’s testimony lacked
credibility, the BIA and IJ were permitted to note the lack of corroborative
evidence to support his testimony in making the adverse credibility finding. INA
§ 208(b)(1)(B)(ii), 8 U.S.C. § 1158 (b)(1)(B)(ii).
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Substantial evidence also supports the BIA and IJ’s finding that, in light of
the adverse credibility finding, Patel failed to meet his burden of proving eligibility
for asylum. Ruiz, 440 F.3d at 1254–55. Patel’s claims rested primarily on his own
account, which had inconsistencies that were the basis of the adverse credibility
finding. Forgue, 401 F.3d at 1287. Beyond his declaration, none of the supporting
documents attached to his application demonstrated that members of the Congress
Party were persecuted in India by members of the BJP for their political opinions.
Id. As such, Patel did not present independent or objective evidence that compels
a finding that he was eligible for asylum relief. As he could not establish his
eligibility for asylum, he also failed to meet the higher standards for withholding of
removal or CAT protection. Najjar, 247 F.3d at 1292–93. Thus, in light of the
BIA and IJ’s adverse credibility determination, substantial evidence supports the
finding that Patel is not entitled to asylum, withholding of removal, or CAT relief.
Accordingly, we deny his petition.
PETITION DENIED.
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