Case: 17-15781 Date Filed: 02/15/2019 Page: 1 of 15 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15781 Non-Argument Calendar ________________________ Agency No. A098-706-675 EDWARD JOAQUIN CERVANTES CASTRO, LINDA ALICIA BONDUEL MARTINEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (February 15, 2019) Before BRANCH, HULL, and JULIE CARNES, Circuit Judges. PER CURIAM: Edward Cervantes Castro, joined by his wife Linda Alicia Bonduel Case: 17-15781 Date Filed: 02/15/2019 Page: 2 of 15 Martinez, both citizens of Venezuela, petition for review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen removal proceedings based on changed country conditions under 8 U.S.C. § 1229a(c)(7)(C)(ii). 1 Cervantes Castro asked the BIA to reopen claims for asylum, 2 withholding of removal,3 and relief under the United Nations Convention Against Torture (“CAT”). 4 In support of the motion, Cervantes Castro submitted evidence of political and social unrest in Venezuela and of attacks on his family members in Venezuela. On appeal, he argues that the BIA erred in denying the motion to reopen by (1) failing to give reasoned consideration to the claims, (2) finding that they did not show materially changed county conditions, (3) determining that they did not establish a prima facie case for withholding of removal or CAT relief, and (4) denying the motion to reopen for failure to file a new application for asylum relief. Because Cervantes Castro does not challenge the merits of the BIA’s asylum decision on appeal, we do not consider it. On the issues raised, we conclude that 1 As we noted in a prior appeal, Bonduel Martinez is only a petitioner here with respect to the underlying asylum claim. A spouse may be a derivative beneficiary of asylum relief but not withholding of removal or CAT relief. Cervantes Castro v. U.S. Atty. Gen., 632 F. App’x 558, 558 n.1 (11th Cir. 2015). Because Bonduel Martinez would only be eligible for derivative relief on the asylum claim and that asylum claim has not been raised on appeal, we refer to Cervantes Castro throughout. 2 8 U.S.C. § 1158(a)(1); Immigration and Nationality Act (“INA”) § 208(a)(1). 3 8 U.S.C. § 1231(b)(3)(A); INA § 241(b)(3)(A). 4 8 C.F.R. § 208.16(c). 2 Case: 17-15781 Date Filed: 02/15/2019 Page: 3 of 15 the BIA provided reasoned consideration, made adequate findings, supported its outcome, and did not abuse its discretion, and therefore, we deny the petition. I. BACKGROUND Edward Cervantes Castro and Linda Alicia Bonduel Martinez are natives and citizens of Venezuela. They entered the United States in late 2003 and early 2004 on nonimmigrant visitor visas that permitted them to remain in the United States through June 27, 2004, and April 17, 2004, respectively. They both remained in the United States after those dates. The Department of Homeland Security issued notices to appear, charging them with removability under 8 U.S.C. § 1227(a)(1)(B). In 2005, Cervantes Castro applied for asylum, ...
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