Mulet Perez v. Barr

United States Court of Appeals
for the Fifth Circuit

No. 20-60355
Summary Calendar

Wirney Mulet Perez,

Petitioner,

versus

William P. Barr, U.S. Attorney General,

Respondent.

Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A203 741 142

Before King, Smith, and Wilson, Circuit Judges.
Per Curiam:*
Wirney Mulet Perez is a native citizen of Cuba who entered the
United States without authorization and claimed a fear of returning to Cuba
due to his membership in the CID political party. Now, Mulet Perez
petitions this court for review of an order of the Board of Immigration

*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
December 11, 2020

Lyle W. Cayce
Clerk
Case: 20-60355 Document: 00515670096 Page: 1 Date Filed: 12/11/2020

No. 20-60355
2
Appeals (BIA) that: (1) concluded that he failed to obtain reasonably
available corroborating evidence and (2) dismissed his appeal from an order
of the Immigration Judge (IJ) denying his application for asylum, withholding
of removal, and relief under the Convention Against Torture.
This court reviews only the BIA’s decision “unless the IJ’s decision
has some impact on the BIA’s decision.” Wang v. Holder, 569 F.3d 531, 536
(5th Cir. 2009). Those parts of the IJ’s decision that were not adopted by the
BIA are not before this court, and we need not consider Mulet Perez’s
arguments concerning them. See id.; see also Avelar-Oliva v. Barr, 954 F.3d
757, 763 (5th Cir. 2020).
“Where the trier of fact determines that the applicant should provide
evidence that corroborates otherwise credible testimony, such evidence must
be provided unless the applicant does not have the evidence and cannot
reasonably obtain the evidence.” 8 U.S.C. § 1158(b)(1)(B)(ii); see Yang v.
Holder, 664 F.3d 580, 585, 587 (5th Cir. 2011). This court will affirm the
BIA’s determinations “with respect to the availability of corroborating
evidence unless the court finds a reasonable trier of fact is compelled to
conclude that such corroborating evidence is unavailable.” Yang, 664 F.3d
at 587 (internal quotation marks and citation omitted).
The record here shows that Mulet Perez obtained some corroborating
evidence and does not compel a conclusion contrary to the BIA’s
determination that he could have obtained more. See id. Accordingly, the
petition for review is DENIED.

Case: 20-60355 Document: 00515670096 Page: 2 Date Filed: 12/11/2020