Alexander Campo-Benites v. William Barr, U. S. Att


Case: 19-60826 Document: 00515573201 Page: 1 Date Filed: 09/21/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 21, 2020 No. 19-60826 Lyle W. Cayce Clerk Alexander Erasmo Campo-Benites, Petitioner, versus William P. Barr, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200-005-955 Before Jones, Davis, and Willett, Circuit Judges. Per Curiam:* Alexander Campo-Benites is a native and citizen of El Salvador who entered the United States illegally in 2005. Campo-Benites did not appear at his removal proceeding, so the immigration judge ordered him removed in absentia. Campo-Benites now seeks to reopen removal proceedings under 8 U.S.C. § 1229a(c)(7)(C)(ii), which authorizes an alien to file a motion to * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60826 Document: 00515573201 Page: 2 Date Filed: 09/21/2020 No. 19-60826 reopen at any time based on “changed country conditions.” Campo-Benites argues that changes only affecting a “particular social group” or PSG—here, a small nuclear family—can constitute changed country conditions. But because Campo-Benites only alleges changes in personal circumstances, we deny his petition for review. I Alexander Erasmo Campo-Benites, a native and citizen of El Salvador, entered the United States without permission in July 2005. The same day he entered, the Department of Homeland Security gave Campo-Benites a notice to appear, which charged him with removability under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled. The notice to appear said that an in absentia removal order may be entered if he failed to give DHS his address. A border patrol officer gave Campo-Benites this information orally in Spanish, and he was released by DHS. Campo-Benites did not provide the immigration court with his address, so no hearing notice was sent. He did not appear at the September 2005 hearing, and the immigration judge entered an in absentia removal order. Thirteen years later, in January 2019, Campo-Benites tried to reopen his case with the immigration court on multiple grounds, most of which are now irrelevant. The one ground Campo-Benites continues to press on appeal is to seek asylum and related relief based on changed country conditions. In 2017, according to Campo-Benites, gang members in El Salvador stole the car of his brother, Aldalberto. The gang members told Aldalberto not to go to the police, threatening that they would find him if he snitched. Aldalberto went to the police despite the threat. The night Aldalberto filed a report, he received a text message from one of the gang members that said, “You 2 Case: 19-60826 Document: 00515573201 Page: 3 Date Filed: 09/21/2020 No. 19-60826 shouldn’t have done what you did” and that Aldalberto “better be careful.” That was the last message Aldalberto received from the gang. With his motion to reopen, Campo-Benites ...

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