Case: 18-10412 Date Filed: 09/10/2018 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10412 Non-Argument Calendar ________________________ Agency No. A089-948-787 ANGEL HERNANDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 10, 2018) Before WILSON, MARTIN, and JULIE CARNES, Circuit Judges. PER CURIAM: Case: 18-10412 Date Filed: 09/10/2018 Page: 2 of 5 Angel Hernandez seeks review of the Board of Immigration Appeal’s (BIA) final order affirming the Immigration Judge’s (IJ) denial of his application for withholding of removal and Convention Against Torture (CAT) relief. He argues that the BIA erred by not giving reasoned consideration to his arguments and evidence, by concluding that he failed to show government acquiescence to the torture he fears at the hands of MS-13, and by determining that he committed a particularly serious crime. After careful review of the briefs and record, we deny his petition. First, Hernandez argues that the BIA failed to fully consider the evidence showing that the Guatemalan government participates in or acquiesces to the torture that he will face if removed to Guatemala. We review this issue de novo. Bing Quan Lin v. U.S. Att’y Gen., 881 F.3d 860, 874 (11th Cir. 2018). In a reasoned consideration inquiry, we look to whether the BIA “consider[ed] the issues raised and announce[d] [its] decision in terms sufficient to enable a reviewing court to perceive that [it has] heard and thought and not merely reacted.” Indrawati v. U.S. Att’y Gen., 779 F.3d 1284, 1299 (11th Cir. 2015) (alterations in original). The BIA gives reasoned consideration where it “lists the basic facts of the case, references the relevant regulatory and statutory provisions on which the order is based, and accepts several grounds on which the Immigration Judge properly denied the motion.” Bing Quan Lin, 881 F.3d at 874–75. 2 Case: 18-10412 Date Filed: 09/10/2018 Page: 3 of 5 Here, the BIA gave reasoned consideration to the evidence Hernandez submitted. Both the IJ and the BIA considered the evidence regarding corruption in the Guatemalan government. But the IJ found that the evidence that the Guatemalan government was aggressively attempting to stop gang violence was more persuasive. And the BIA agreed. Although Hernandez would weigh the evidence differently, we cannot say that the BIA failed to give reasoned consideration. Second, Hernandez argues that the BIA used an incorrect legal standard in determining that he was ineligible for CAT relief. We review the BIA’s legal conclusions de novo. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir. 2001). We review factual determinations under the substantial-evidence test, which requires us to “view the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision.” Adefemi v. Ashcroft, 386 F.3d 1022, 1026–27 (11th Cir. 2004). We must affirm the BIA’s decision “if it is supported by reasonable, substantial, and probative evidence on the record ...
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