IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-60937

Summary Calendar

DRITON SHALA,

Petitioner

v.

ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A075 897 453

Before KING, DAVIS, and ELROD, Circuit Judges.

PER CURIAM:*

Driton Shala, a native and citizen of the former Yugoslavia (now Kosovo),

applied for asylum under the Immigration and Nationality Act (INA),

withholding of removal under the INA, and withholding of removal under the 

Convention Against Torture (CAT), based on his religion, his political opinion,

and his membership in a particular social group (homosexual males). The

Immigration Judge (IJ) made an adverse credibility finding and determined that

Shala failed to satisfy his burden of proof for asylum or withholding of removal.

United States Court of Appeals

Fifth Circuit

F I L E D

October 14, 2013

Lyle W. Cayce

Clerk

* 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.

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The IJ further determined that even if Shala was credible, Shala nevertheless

failed to satisfy his burden of proof for asylum or withholding of removal. The

IJ’s decision was upheld by the Board of Immigrations Appeals (BIA) when it

dismissed Shala’s administrative appeal. 

Shala argues that the IJ’s adverse credibility determination was based on

trivial inconsistencies. Because Shala’s application was filed prior to the May

11, 2005, effective date of the REAL ID Act, the Act’s amended standards for

assessing credibility did not apply to his application. Wang v. Holder, 569 F.3d

531, 537 (5th Cir. 2009). Under pre-REAL ID Act standards, when an IJ’s

credibility determination finds support in the record, that finding will be

affirmed unless the record compels a contrary conclusion. Zhang v. Gonzales,

432 F.3d 339, 344 (5th Cir. 2005).

The inconsistencies between Shala’s applications and his testimony show

that the adverse credibility determination was supported by the record. See id.

The opposite conclusion, that Shala was credible, is not compelled by the

evidence. See id. Thus, we may not reverse this finding. See id. 

In support of his appellate argument, including his argument for remand,

Shala relies on various handbooks, memoranda, and country reports as well as

his recent marriage. However, we are not bound by such materials. See Kane

v. Holder, 581 F.3d 231, 242 (5th Cir. 2009). Moreover, Shala did not rely on

these materials before the IJ or the BIA. In reviewing a petition for review, this

court’s review is limited to “the administrative record on which the order of

removal is based.” 8 U.S.C. § 1252(b)(4)(A); see Kane, 581 F.3d at 242. Finally,

§ 1252(a)(1) expressly strips this court of authority to order a remand for

consideration of additional evidence. See § 1252(a)(1) (“the court may not order

the taking of additional evidence under section 2347(c) of [Title 28]”).

Shala also asserts that the IJ and the BIA violated his due process rights.

Although he complains that the IJ’s denials of his motions to change venue from

Dallas, Texas, to New York City, New York, caused him extreme financial and

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No. 12-60937

emotional hardship, he fails to show that the result in his case would have been

different had the proceedings been conducted in New York City. See OjedaTerrazas v. Ashcroft, 290 F.3d 292, 302 (5th Cir. 2002). Moreover, Shala's

complaint about the translator fails to show that a different translator would

change the result in his case. See id. 

Finally, Shala has abandoned his claim for withholding of removal under

the CAT by failing to brief it. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th

Cir. 2003). Accordingly, the petition for review is DENIED.

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