Case Explained: Summary Calendar Daler Nazarkhudoev v. Todd Wallace Blanche, Acting U.S. Attorney General

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-02

The Fifth Circuit denied the petition for review of the Board of Immigration Appeals’ decision upholding an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. The court applied the substantial evidence standard to the BIA’s factual findings, including the adverse credibility determination regarding the petitioner’s failure to disclose prior arrests, detention, and beatings. Under this standard, reversal is improper unless the evidence compels a contrary conclusion; the court found that the discrepancy in the petitioner’s testimony went to the heart of his claim and constituted substantial evidence supporting the finding that he was not credible. Because an adverse credibility determination is dispositive for asylum and withholding of removal claims, the petitioner was required to rely on independent evidence to establish eligibility for Convention Against Torture relief. The court noted that the petitioner failed to cite country conditions or other documentary evidence and did not challenge the BIA’s finding that such independent evidence did not establish it was more likely than not he would be tortured in Russia or Tajikistan, thereby forfeiting review of the CAT denial. As a result, the petition for review is denied, and the petitioner’s motion to withdraw counsel is also denied as unnecessary.

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