Marichman Budha Magar v. Loretta Lynch

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A201-109-064. Copies to all parties and the district court/agency. [999767044] [15-1548]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1548

MARICHMAN BUDHA MAGAR,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted:

January 14, 2016

Decided:

March 3, 2016

Before WILKINSON, DUNCAN, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Khagendra Gharti-Chhetry, New York, New York, for Petitioner.
Benjamin C. Mizer, Principal Deputy Assistant Attorney General,
Keith I. McManus, Senior Litigation Counsel, Tracie N. Jones,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marichman

Budha

Magar,

a

native

and

citizen

of

Nepal,

petitions for review of an order of the Board of Immigration
Appeals

(Board)

judge’s

(IJ)

withholding

dismissing

order

of

his

denying

removal,

Against Torture (CAT).

and

appeal

his

from

the

applications

protection

under

immigration
for

the

asylum,

Convention

We deny the petition for review.

To be eligible for asylum, Magar must show that he has a
well-founded

fear

of

persecution

on

account

of

a

protected

ground if he returns to Nepal.

Hui Pan v. Holder, 737 F.3d 921,

927

can

(4th

Cir.

establishing

2013).

his

past

future persecution.

Magar

persecution

Id.

meet
or

a

his

burden

either

well-founded

fear

by
of

Magar faces a higher burden of proof

to establish entitlement to withholding of removal because he
must show a clear probability of persecution on account of a
protected ground.
Cir. 2011).

Djadjou v. Holder, 662 F.3d 265, 272 (4th

If Magar fails to prove his eligibility for asylum,

he is also ineligible for withholding of removal.
The

IJ,

after

“[c]onsidering

the

Id.

totality

of

the

circumstances, and all relevant factors,” may make an adverse
credibility

determination

applicant’s

account,

the

based

on

consistency

the

plausibility

between

the

of

the

applicant’s

written and oral statements, the internal consistency of each
such statement, the consistency of such statements with other
2

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evidence of record, or any other relevant factor.

8 U.S.C.

§ 1158(b)(1)(B)(iii)

928.

(2012);

Hui

Pan,

737

F.3d

at

A

credibility determination may rest on any relevant factor, even
one that does not “go[ ] to the heart of the applicant’s claim.”
8 U.S.C. § 1158(b)(1)(B)(iii).
such

inconsistencies,

“The existence of only a few

omissions,

or

contradictions

sufficient” to support an adverse credibility finding.

can

be

Djadjou,

662 F.3d at 273-74.
The scope of our review is narrow.
926.

Hui Pan, 737 F.3d at

We will affirm so long as the decision “is not manifestly

contrary

to

law.”

“[A]dministrative

Id.

findings

(internal
of

fact

quotation
are

marks

conclusive

omitted).
unless

any

reasonable adjudicator would be compelled to conclude to the
contrary.”

8 U.S.C. § 1252(b)(4)(B) (2012).

We must affirm a

determination regarding eligibility for asylum or withholding of
removal that is supported by substantial evidence in the record
considered as a whole.
(1992).

INS v. Elias Zacarias, 502 U.S. 478, 481

We will reverse the Board only if “the evidence . . .

presented was so compelling that no reasonable factfinder could
fail to find the requisite fear of persecution.”
We

conclude

that

substantial

evidence

Id. at 483-84.

supports

the

IJ’s

adverse credibility finding, particularly in light of the fact
that Magar gave different accounts of what caused him to leave
Nepal, which is not a minor detail.
3

We also conclude that

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substantial evidence supports the finding that Magar did not
establish

eligibility

for

asylum

through independent evidence.
213

(4th

Cir.

2015).

or

withholding

of

removal

Ilunga v. Holder, 777 F.3d 199,

Additionally,

to

the

extent

Magar

challenges the denial of protection under the CAT, we conclude
that the decision is supported by substantial evidence.
Accordingly, we deny the petition for review.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
PETITION DENIED

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