# United States Court of Appeals

f or the Fifth Circuit

No. 20 - 61169 Summary Calendar Cristibel Gutierrez - De Rivas; Maria Belen Rivas Gutierrez, Petitioners , versus Merrick Garland, U.S. Attorney General , Respondent .

Petition for Review of an Order of th e Board of Immigration Appeals No. A 208 685 129 No. A 208 685 130 Before Smith, Stewart, and Graves, Circuit Judges . Per Curiam : * Cristibel Gutierrez - D e Rivas is a native and citizen of El Salvador. On behalf of herself and her daughter, Maria Belen Rivas - Gutierrez, she peti tion s for review of an order by the Board of Immigration Appeals ( “ BIA ” )

* Pursuant to 5th Cir cuit R ule 47.5, the court has determined that this opin ion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir cuit R ule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 3, 2022 Lyle W. Cayce Clerk Case: 20-61169 Document: 00516190761 Page: 1 Date Filed: 02/03/2022No. 20 - 61169

2 dismissing her appeal from the denial by an immigration judge ( “I.J.” ) of her application for asylum, withholding of removal, and relief und er the Conven tion Against Torture ( “ CAT ” ). This court reviews the final decision of the BIA and will consider the I.J.’s decision only where it influenced the decision of the BIA. Zhu v. Gon zales , 493 F.3d 588, 593 (5th Cir. 2007). F actual findings are reviewed for substantial evidence and legal questions de novo . Orellana - Monson v. Holder , 685 F.3d 511, 517
− 18 (5th Cir. 2012). Under the substantial evidence stan dard, this court may not o verturn a factual finding , such as whether an appli cant is eligible for asylum, withholding of removal , or CAT relief, unless the evi dence compels a contrary result. See Martinez - Lopez v. Barr , 943 F.3d 766, 769 (5th Cir. 2019) ; Chen v. Gonzales , 470 F.3d 1131, 1134 (5th Cir. 2006) . Gutierrez - D e Rivas c hallenge s the BIA’s decision that she lacked cred i bility and maintains that she is entitled to relief on the merits. The gov ern ment avers that Gutierrez - De Rivas failed meaningfully to present any of her arguments to the BIA and that this court lacks jurisdiction under 8 U.S.C. § 1252(d)(1) to consider them for the first time. Although Gutierrez - De Rivas did not file a brief in support of her ad min istrative appeal, the BIA reviewed both the I . J . ’s adverse - credibility de ter mination and its alternative decision that Gutierrez - De Rivas was not eligi ble for asylum and withholding of removal. Those issues have accordingly been exhausted, and we have jurisdiction to consider them, notwithstanding the potential defects in their posture before the BIA. See Mirza v. Garland , 996 F.3d 747, 753 (5th Cir. 2021) ; Lop ez - Dubon v. Holder , 609 F.3d 642, 644 − 65 (5th Cir. 2010)) . We lack jurisdiction to consider Gutierrez - De Rivas’s CAT claim , however, because the BIA did not deem that claim to be sufficiently presented to consider it on the merits. See Mirza , 996 F.3d 753 . Despite Gutierrez - De Rivas’s assertions to the contrary, the I . J . ’s Case: 20-61169 Document: 00516190761 Page: 2 Date Filed: 02/03/2022No. 20 - 61169

3 adverse - credibility d etermination was supported by specific reasons based on the evidence presented and was, under the totality of the circumstances, substantially reasonable. See Singh v. Sessions , 880 F.3d 220, 225
− 26 (5th Cir. 2018) . Because th at determination was support ed by “specific and cogent rea sons,” the record does not compel a finding that Gutierrez
- De Rivas was credible or that no reasonable factfinder could have made an adverse credi bil ity finding. See Zhang v. Gonzales , 432 F.3d 339, 344 (5th Cir. 2005). T he lack of credible evidence precluded Gutierrez - De Rivas from meeting her bur den of proof for asylum and withholding of removal. See Dayo v. Holder , 687 F.3d 653, 658 (5th Cir. 2012) . DENIED . Case: 20-61169 Document: 00516190761 Page: 3 Date Filed: 02/03/2022