Background
Bibek Kamur KC, a native and citizen of Nepal, sought asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge and the Board of Immigration Appeals denied his applications, citing an adverse credibility determination. KC petitioned for review in the Fifth Circuit.
The court’s reasoning
The court reviewed the BIA’s decision and the immigration judge’s decision only to the extent it influenced the BIA. The court found the agency’s adverse credibility determination was supported by specific and cogent reasons. Because the agency rejected KC’s testimony as not credible, his arguments regarding government protection and torture were unavailing. The court also noted that KC waived arguments about the State Department Human Rights Report by not relying on it in the appeal. Finally, the court found KC’s due process claims insufficient as he failed to make a prima facie showing of substantial prejudice.
What it means going forward
The denial of the petition for review leaves the Board of Immigration Appeals’ decision upholding the denial of asylum and related protections in place.