Polat v. Gonzales

* Pursuant to 5TH CIR. R. 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opinion should not be published and is not precedent except under the limited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 CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 27, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60238
Summary Calendar
KENAN POLAT,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A27 726 596
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Kenan Polat, a native and citizen of Turkey, petitions
for review of an order from the Board of Immigration Appeals (BIA)
dismissing his appeal of the immigration judge’s (IJ) decision to
deny his applications for asylum, withholding of removal, and
protection under the Convention Against Torture (CAT). We are
without jurisdiction to address Polat’s challenge to the denial of
his request for voluntary departure. Eyoum v. INS, 125 F.3d 889,
891 (5th Cir. 1997).

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2
The BIA’s order dismissing Polat’s appeal expressly
adopted and affirmed, with exceptions deemed harmless, the IJ’s
finding that Polat was not a credible witness. Although our review
ordinarily is limited to the BIA’s decision, when the BIA adopts
the decision of the IJ, this court may review the IJ’s decision.
See Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997). Because the
BIA adopted the IJ’s credibility finding but added its own reasons,
we review both decisions.
The IJ must determine the credibility of witnesses. Chun
v. INS, 40 F.3d 76, 78 (5th Cir. 1994); Efe v. Ashcroft, 293 F.3d
899, 903 (5th Cir. 2002). The court does not substitute its
judgment for that of the IJ or BIA with respect to witness
credibility and the ultimate factual findings based on credibility
determinations. Chun, 40 F.3d at 78. When a finding regarding
credibility is based on “a reasonable interpretation of the record
and therefore supported by substantial evidence,” it will be
upheld. Id. at 79. “[A] credibility determination may not be
overturned unless the record compels it.” Lopez De Jesus v. INS,
312 F.3d 155, 161 (5th Cir. 2002)(citing Chun, 40 F.3d at 78).
In addition to arguing the merits of his claims for
asylum, withholding of removal, and protection under the CAT, Polat
challenges the IJ’s finding, adopted by the BIA, that he was not a
credible witness. The IJ’s credibility finding is amply supported
by the record. See Chun, 40 F.3d at 79. The record thus does not
compel a credibility determination contrary to that of the IJ. See

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3
Lopez De Jesus, 312 F.3d at 161. Because the credibility
determination is supported by substantial evidence, Polat’s
petition for review of the BIA’s order is DENIED.

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