Cardona-Franco v. Garland, No. 19-60789 (5th Cir. 2022)
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Petitioner applied for asylum and withholding of removal based on claims he was targeted by gangs for his religious activities. An immigration judge (IJ) disbelieved Petitioner’s story and denied his application. After the Board of Immigration Appeals (BIA) dismissed his appeal and denied reconsideration, Petitioner filed two petitions seeking review.
The Fifth Circuit denied Petitioner’s application. The court first held that it lacked jurisdiction to consider this argument because Petitioner has not exhausted it. The court reasoned that Petitioner did not raise the argument initially before the BIA, despite the fact that he was in possession of the pertinent documents.
Next, in regard to Petitioner’s argument that the IJ’s bias denied him due process, the court held that the record does not show “obvious bias” and Petitioner failed to point to record evidence showing the IJ’s “hostility due to extrajudicial sources” or “a deep-seated favoritism or antagonism that would make fair judgment impossible.” The court reasoned that IJ occasionally questioned Petitioner about his religious activities, but only because those activities were the basis for his claims.
Finally, Petitioner argued that the BIA erred in affirming the IJ’s adverse credibility determination. The court held that the evidence does not compel the conclusion that the IJ’s negative credibility determinations were wrong. The court reasoned that IJ may assess credibility based on inconsistencies between an applicant’s testimony and prior statements. Here, the IJ cited “specific inconsistencies” and “identified crucial omissions in statements” by Petitioner and his sister and in the letters he provided.
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