USCA11 Case: 20-12374 Date Filed: 02/09/2021 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-12374 Non-Argument Calendar ________________________ Agency No. A096-275-213 YSANGEL YRENE CARRILLO RODRIGUEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (February 9, 2021) Before JILL PRYOR, LUCK, and BRASHER, Circuit Judges. PER CURIAM: Ysangel Yrene Carrillo Rodriguez, a native and citizen of Venezuela, petitions this Court for review of the Board of Immigration Appeals’ denial of her USCA11 Case: 20-12374 Date Filed: 02/09/2021 Page: 2 of 8 untimely motion to reopen her removal proceedings, which concluded with a final order of removal in 2006. Rodriguez argues that the BIA failed to give reasoned consideration to the arguments and evidence that she presented in the motion to reopen and asks that we remand the motion back to the BIA for further consideration. Specifically, she argues that the BIA did not consider her evidence of an increase in political repression, extrajudicial killings perpetrated by armed groups called “colectivos,” and anti-American sentiment in Venezuela. She contends that this evidence establishes changed circumstances sufficient to excuse her failure to timely file the motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(ii). We disagree and deny the petition. I. Rodriguez entered the United States in 2001 as a nonimmigrant B-1 and was authorized to remain in the country for one month. She outstayed that authorization, however, and later applied for asylum in 2003 based on a fear of mistreatment, torture, and death based on her religious and political activity if returned to Venezuela. The Department of Homeland Security then ordered Rodriguez to appear before an immigration judge and charged her as removable under the Immigration and Nationality Act § 237(a)(1)(B), 8 U.S.C. § 1127(a)(1)(B). At her initial hearing, she conceded removability but sought political asylum and withholding of removal. 2 USCA11 Case: 20-12374 Date Filed: 02/09/2021 Page: 3 of 8 In her application for asylum, Rodriguez stated that she “fear[ed] mistreatment and harm if [she went] back to Venezuela from the Bolivarian Circles that persecuted [her], death threatened [her] due to [her] religious and civic activities.” She attached numerous materials in support of her application, including an informational report from the United States Citizenship and Immigration Services website regarding the Bolivarian Circles. The report noted that the Bolivarian Circles took part in several protests and had allegedly contributed to violence against anti- Chávez demonstrators. Rodriguez also attached the United States State Department’s Country Reports for Venezuela from 2002 and 2003, which identified Venezuela as a constitutional democracy with free and fair multiparty elections. The 2002 report did, however, reference intimidation and death threats against political opposition, extrajudicial killings, and complaints of increasing government attacks on certain religious groups. The report also noted the harassment of certain civil society organizations by Bolivarian Circles and others identifying themselves as Chávez supporters. Neither report mentioned anti-American sentiment in Venezuela. At the removal ...
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